손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 21, 2017, the Defendant entered into a contract on construction with the non-party E-cooperative to receive a contract between the contract price of 485,375,000 won and the construction period, between the contract price and October 31, 2017.
[Ground for Recognition: Facts without dispute, evidence No. 1]
2. Judgment on the plaintiff's assertion
A. The Plaintiff agreed to pay 5% of the profit accrued to the Defendant as a result of the instant construction project that was awarded a successful bid by borrowing the name of the Defendant between the Defendant and the Defendant.
Therefore, the Plaintiff performed the instant construction project by granting a subcontract to H, I, etc. in accordance with the above agreement, and the Defendant received advance payment and payment for completed portion from E Union, the owner of the building, and paid the construction price to the Plaintiff, subcontractor, and the Plaintiff.
However, the Defendant did not directly perform the instant construction work after the Plaintiff was unable to do so, and accordingly, the Plaintiff did not acquire the income amounting to KRW 90 million when the Plaintiff completed the instant construction work.
In addition, 7,518,500 won was disbursed as a retaining wall construction for another house in which a civil petition was filed due to the instant construction work.
Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 97,518,500 (= KRW 7,518,500,000) and damages for delay.
B. The evidence Nos. 1 through 14 alone is insufficient to recognize that a profit accrued to the Defendant due to the completion of the instant construction project, as alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion is difficult to accept.
2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.