공사대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.
2. Appeal;
Plaintiff Dongdo Co., Ltd., Ltd. (hereinafter “Dongdok”) awarded a contract to the Defendant for a part of the checks (referring to the construction work in the same form as the U.S. head before carrying out a paint; hereinafter “the instant checks”) among D works contracted by Hyundai IMco Co., Ltd., and the Defendant re-subcontracted the instant checks to the Plaintiff on March 2012.
On April 2013, the Plaintiff completed the instant check construction and settled the unpaid amount of KRW 35,132,820 with the Defendant.
Therefore, 35,132,820 won and damages for delay are claimed.
The Defendant did not accept the instant visit construction from the East Asian case, and did not re-subcontract the Plaintiff with respect to the instant visit construction, and the party who subcontracted the instant visit construction from the East Asian case to the Plaintiff is C.
Even if it is recognized that the Plaintiff is liable to pay the said construction cost and damages for delay, C paid KRW 37,435,160 to the Plaintiff from April 25, 2012 to March 26, 2013. The said money was omitted at the time of preparation of the settlement statement (Evidence 2 of the A).
Therefore, C has a claim for return of unjust enrichment equivalent to the same amount against the Plaintiff. On April 14, 2017, C transferred the above claim for return of unjust enrichment to the Defendant, and the notification of transfer was also completed to the Plaintiff.
Therefore, the defendant set off the above claim for the payment of the construction price against the above claim, and the remaining 2,302,340 won for the counterclaim against the plaintiff (=37,435,160 won - 35,132,820 won), and damages for delay.
Judgment
In full view of the following facts, the judgment on the cause of the claim Nos. 1 through 5 and the purport of the entire testimony and pleading by witnesses E of the first instance trial, or the parties’ dispute between the parties, the Plaintiff’s representative against C around March 2012.