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(영문) 서울남부지방법원 2019.11.07 2018나67075
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 23, 2016, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with D for the construction period of the structural part of the Yangcheon-gu Seoul Metropolitan E-type Urban Housing Construction Corporation (hereinafter “instant construction”) with respect to the structural part of the structural part of the structural part of the structural part of the C-type Urban Housing Construction Corporation (hereinafter “the instant construction work”). From December 31, 2016 to June 30, 2017, the construction cost was KRW 69 billion, and the F was added as a joint contractor on June 5, 2017, and paid the construction cost on July 25, 2017 to F.

B. On August 9, 2017, the Defendant filed a report on the change of the construction participant of the instant construction project from C to the Defendant.

C. Meanwhile, at the request of G, the Plaintiff supplied the daily workers at the construction site of this case from July 31, 2017 to August 7, 2017.

[Ground of recognition] Facts without any dispute, Gap evidence 1, 4, Eul evidence 1, 2, and 3 (including Serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) C’s director and the Defendant’s intra-company director were detained on July 2017 and the instant construction was suspended, and H demanded that the Plaintiff directly pay construction expenses to the Plaintiff via G through the head of wood Ban. Accordingly, the Plaintiff was dispatched to the instant construction site from July 31, 2017 to August 7, 2017, and then paid KRW 1,8910,00 to workers on behalf of the Defendant. Accordingly, the Defendant is obliged to pay KRW 1,891,00 to the Plaintiff. If the Plaintiff did not enter into a contract on human resources supply between the Plaintiff and the Defendant, the Defendant received labor from the daily workers supplied by the Plaintiff without any legal cause, thereby gaining profits equivalent to KRW 1,891,00,000,000,000,000,000,000 won, and the Plaintiff suffered damages equivalent to the said amount.

Therefore, the defendant is obligated to return the above KRW 18910,00 to the plaintiff as unjust enrichment.

B. The defendant's assertion that the defendant supplies human resources to the plaintiff.

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