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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C was awarded a contract for a new urban-type residential housing construction project on five parcels, including D and E, the F in the East-si, the East-gu, and five parcels;
B. On August 26, 2013, C subcontracted the instant subcontract to the Defendant with the content as follows (hereinafter “instant subcontract”).
A construction period: The contract amount: 36,102,00 won for the construction (contract amount) from August 26, 2013 to October 15, 2013: Matters under a special contract of 1,094 square meters - the construction amount shall be 33,00 won per square meter.
- Adjustment of quantities after unit price contract - Payment of 30% after input of materials - Payment of remainder within 15 days after completion of construction
C. From October 19, 2013, the Plaintiff commenced the instant construction from October 19, 2013, and completed the construction on October 29, 2013.
As a result of the settlement of quantities after completion of construction, the actual construction quantity of the construction of this case is 1,274 square meters.
E. The contractor G paid KRW 10,000,000 to the Plaintiff as the instant construction cost.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The parties' assertion
A. 1) The Defendant re-subcontracted the instant construction project that was subcontracted by C on the same condition as the said subcontract. However, the Defendant paid 1,000 won per square meter to the Plaintiff. 2) The construction cost according to the actual construction volume is KRW 42,042,00 (1,274 square meter x 33,000).
Here, when the Plaintiff deducts KRW 1,274,00 (1,274 square meters x 1,000) to the Defendant, 40,768,000, among which 10,000 won was paid, the Defendant is obligated to pay the remainder of the construction cost (30,746,000 won in clerical error) to the Plaintiff and the damages for delay.
B. The defendant's assertion that he received the introduction fee and only introduced the plaintiff to the contractor (C).
The defendant is not able to respond to the plaintiff's request since the subcontract was concluded with the plaintiff.
3. The key issue of this case is the Defendant’s instant case.