공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The plaintiff's assertion is a remodeling construction business operator, and the defendant is the owner of the D ground building in Seocheon-gu, Seocheon-gu (hereinafter "the building in this case").
Around May 2017, the Defendant entered the person in charge of the instant construction project in the cause of the claim of the Plaintiff, E, in the capacity of the Plaintiff.
The Plaintiff stated that G or F (one person: G or H) is G at the first date for pleading.
In addition, the Defendant entrusted the instant construction to the Plaintiff, separate from the main construction of this case, and completed the instant additional construction work. In addition, the Plaintiff completed the instant construction work. In addition, the Plaintiff completed the instant additional construction work. In addition to the instant construction work, the Defendant entrusted the Plaintiff with the automatic text, toilet, and creative mold construction on the first floor of the instant building (hereinafter “instant additional construction”).
Since the expenses incurred in the instant additional work are KRW 57,415,340, the Defendant is obligated to pay the Plaintiff KRW 57,415,340 and delay damages therefor.
B. Although the Defendant alleged that the Defendant paid KRW 54,00,000 out of the construction cost of KRW 60,000,000 agreed to F, the other party who requested the instant principal construction and additional construction, the F did not complete the said construction.
Therefore, the Defendant is not obligated to pay the construction cost to the Plaintiff, who is not a party to the instant Additional Construction Contract.
2. The Plaintiff bears the burden of proving that the contractor of the instant supplementary construction is the Plaintiff.
The Plaintiff’s assertion that the Defendant concluded the instant additional construction works separately from the Plaintiff, who is not the contractor of the instant principal construction works, is very unusual, and the Defendant did not have any particular reason to conclude the said contract, and the instant principal construction and the instant additional construction are not prepared, while the instant construction works are in progress.