공사대금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. Defendant C registered his/her business under the name of Defendant B with the name of “D” and engaged in construction business. The Plaintiff entered into the first civil construction contract with Defendant C, setting the construction cost of KRW 60,000,000,000,000,000,000 for each parcel of land outside Yongsan-gu, Yongsan-gu, Seoul, and concluded the second civil construction contract with the construction cost of KRW 12,000,000 on October 28, 2012. On January 3, 2013, the Plaintiff entered into the second civil construction contract with the construction cost of KRW 265,000,000,000 for the said land.
B. The Plaintiff paid Defendant C the amount of KRW 135 million to Defendant C as the secondary civil construction cost, and KRW 295 million to the construction cost of a new building. However, Defendant C unilaterally discontinued the construction work before the completion of the new building construction work on May 2013, and Defendant C continued the said construction work on March 2014.
C. Since the Defendants unilaterally ceased construction and inflict damages on the Plaintiff, they shall jointly and severally compensate the Plaintiff for damages incurred by the discontinuance of construction as joint tortfeasors for KRW 173,015,902.
2. Determination
A. Even according to the Plaintiff’s assertion as to the claim against Defendant B, Defendant B did not conclude each of the above construction contracts with the Plaintiff, and did not participate in each of the above construction works. Thus, Defendant B cannot be deemed to have caused damage to the Plaintiff by jointly committing a tort with Defendant C. Therefore, the Plaintiff’s claim against Defendant B is without merit without need for further examination.
B. We examine the determination as to the claim against Defendant C; the Plaintiff entered into each construction contract with Defendant C, as alleged by the Plaintiff; the Plaintiff paid KRW 135 million to Defendant C as the price for the second civil works; the Plaintiff paid KRW 295 million as the price for the new construction of a building; and Defendant C newly constructed a building around May 2013.