Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of premise;
A. C Co., Ltd. (hereinafter “C”) concluded a contract for D unit maintenance works (hereinafter “instant construction works”) with the amount of KRW 1,753,987,450 in total and October 2, 2014 on December 30, 2013 for the first portion of the instant construction works, as the contract amount of KRW 1,142,01,000, and the construction period from January 6, 2014 to July 4, 2014 (hereinafter “instant contract”).
B. C entered into a contract with E and F (hereinafter “E, etc.”) on March 7, 2014 for a specific construction work among the instant construction work, with the construction cost of KRW 166,00,000, and the construction period from March 13, 2014 to May 30, 2014.
(hereinafter referred to as “instant subcontract”). (c)
On October 21, 2014, the Si of Jung-Eup terminated the instant contract on the grounds that C was unable to perform the contract due to C’s circumstances and C renounced the contract for construction.
On January 15, 2015, the Plaintiff received KRW 30 million from C among the damage claims against the Defendant, and C notified the Defendant of the assignment of the above claim on January 16, 2015, and around that time, the notification was delivered to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The plaintiff's assertion that the defendant takes charge of C's duties at the site of the instant construction project. Thus, as a general manager for the direction and supervision of the affairs arising at the site of the instant construction project and the implementation of the entire construction project, he/she is obligated to protect the user's interest and not to infringe upon the interest
However, even if the Defendant knows that the instant construction is a government-funded construction and thus subcontracted to a constructor who has registered the type of business corresponding to the construction contents, he/she is not a constructor who has registered the type of business for reinforced concrete construction, but a lump sum contract for reinforced concrete construction.