손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 18, 2009, the Plaintiff promised that the instant construction was subcontracted to C (tentative name: D) after receiving a contract for the said hospital’s main remodeling project (hereinafter “the instant construction project”) with the construction cost of KRW 240,000,000 (the construction cost was increased to KRW 391,760,000 on January 2, 2010), and that C shall be held responsible for the entire construction project, including the payment of the additional tax, industrial accident insurance, human wage, and on-site expenses when transferring the construction cost of the instant case.
B. The Plaintiff received KRW 350,000,000 from the above hospital as the construction cost, and paid KRW 347,421,000 in total to C from November 3, 2009 to February 12, 2010.
C. C: (a) around October 2009, in the name of the Defendant’s private business chain, from the above hospital’s “E”; (b) KRW 5,000,000,000; (c) the cost of remodelling construction works for the wedding room around November 2009; (d) KRW 4,800,000; and (e) the roof replacement works of the management department office around November 2009; and (e) November 24, 2009; and (e) the cost of remodeling works for the above hospital’s health promotion center at KRW 50,00,000; and (e) the cost of construction works for the wedding room at KRW 58,080,00 among the instant construction works on December 14, 209; and (e) the Plaintiff and the above hospital paid the cost of construction works under the name of the Defendant.
Although the Plaintiff received the payment of the construction cost from the Plaintiff, the Plaintiff filed a lawsuit against C in lieu of the Plaintiff, asserting that the Plaintiff did not pay the additional tax and the other subcontractors, unlike the aforementioned promise, thereby causing damage, such as the Plaintiff’s payment on behalf of the Plaintiff. On November 27, 2013, the said court accepted the Plaintiff’s claim partially and rendered a judgment that “C shall pay the Plaintiff KRW 79,521,420 and its delay damages.”
(The grounds for recognition) The entry of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings in Daegu District Court 2012Na6225
2. The plaintiff's assertion
A. The defendant allows C to use the E name.