자재대금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the owner of the land in Kimcheon-si, and is the owner of the new construction of the “D hotel” on the said land (hereinafter “instant construction”).
B. On September 15, 2014, the Defendant awarded a contract for the instant construction work at KRW 3.3 billion for the construction cost to Sambong Construction Co., Ltd. (hereinafter “Tong Construction”).
After that, on January 26, 2015, the construction cost was changed to 4.4 billion won.
C. From October 23, 2014 to February 14, 2015, the Plaintiff supplied the materials at the instant construction site from October 23, 2014 to February 14, 2015, and issued a tax invoice of KRW 43,207,450 in total from October 31, 2014 to February 27, 2015.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, and 8's statements and the purport of the whole pleadings
2. The parties' assertion
A. On September 2017, the Plaintiff’s husband E who represented the Plaintiff’s primary assertion reached only the Defendant at the construction site of this case and the Defendant agreed to supply materials and concluded a material supply contract between the Plaintiff and the Defendant. Under the material supply contract, the Plaintiff supplied 43,207,450 won to the Defendant according to the material supply contract, and the Defendant did not pay the remainder of 21,209,250 won. Accordingly, the Defendant is obligated to pay the Plaintiff the price of the materials supplied by the Plaintiff as KRW 21,209,250 and the delay damages therefrom. 2) Since the construction of this case was completed using the materials supplied by the Plaintiff and the Defendant obtained unjust enrichment equivalent to the unpaid amount of the cost of the materials, the Defendant is obligated to pay the Plaintiff unjust enrichment 21,209,250 won and delay damages.
B. Defendant’s assertion 1) The Defendant did not conclude a material supply contract with the Plaintiff, and the materials supplied by the Plaintiff are supplied to F. 2) The Defendant paid the price agreed upon to F, but the F did not complete the structural construction.