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(영문) 대구고등법원 2019.01.10 2018나21471
손해배상(기)
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasoning for this part of this Court’s reasoning is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and thus, this part of the reasoning for the judgment of the court of first instance is cited.

2. Judgment on the plaintiff's claim

A. Unlike the initial construction specifications among the instant construction works, Defendant Co., Ltd. performed only construction works equivalent to KRW 1,080,246,271 (including value-added tax) among the Ngll Work and Ogll Work, and did not perform the rest of the Ngll Work, etc.

Nevertheless, the Defendant Company received KRW 1,211,790,000 (including value-added tax) from D as payment for the instant construction work.

Therefore, the Defendant Company is obligated to pay as unjust enrichment or damages the amount of KRW 124,175,379 (i.e., the above KRW 1,211,790,000 (i.e., the above KRW 1,080,246,271 - total national health insurance premiums, national pension premiums, public pension premiums, and miscellaneous expenses, etc. pertaining to the above Corporation - total of KRW 7,368,350) paid to the Plaintiff who actually carried out the instant extension construction including the instant Corporation, without actually carrying out the construction

On the other hand, Defendant C knew that Q from the site agent of the instant construction company claimed the payment of the price for the instant construction work in excess of the actual construction volume.

Nevertheless, Defendant C requested the Defendant Company to pay the pre-payment of the pre-payment of the instant work to the Defendant Company as requested by the Defendant Company, thereby allowing the Defendant Company to pay the pre-payment of the pre-payment for the instant work in excess of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment to the Defendant Company.

The act of Defendant C constitutes a tort that infringes upon the Plaintiff’s claim for remaining management expenses under the blanket subcontract for the instant construction project.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 124,175,379 and damages for delay.

B. Determination 1 is an unjust enrichment system.

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