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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant subcontracted reinforced concrete construction works among the above construction works to E Co., Ltd. (hereinafter “E”) on December 11, 2014, as a comprehensive construction company that has been awarded a contract for construction of C and D (construction).
At the time, the Defendant: (a) concluded a contract on reinforced concrete construction (hereinafter “the first contract”) between E and the Defendant entered into a contract on reinforced concrete construction (hereinafter “the instant steel reinforced concrete construction”) and a separate contract (23) between E, as it exceeds the assessed value of E’s execution capacity with KRW 980,00,000 (the amount including value-added tax and value-added tax, including value-added tax).
(hereinafter referred to as “the second contract”). (b)
In accordance with the second contract, on December 11, 2014, the Defendant determined the period of construction from December 17, 2014 to June 15, 2015; the contract price of KRW 700,700,00 (including value-added tax); and on December 17, 2014, the Defendant leased (hereinafter referred to as “instant lease agreement”) the temporary materials necessary for the instant steel-line container construction among the instant steel-line C and D New construction works from the Plaintiff on December 17, 2014, with the term of lease fixed from the Plaintiff to December 17, 2014 to June 15, 2015, as value-added tax (including value-added tax).
C. The Defendant filed a lawsuit against the Plaintiff seeking the return of unjust enrichment for the over-paid construction cost and the confirmation of existence of obligation under a temporary re-lease agreement against the Plaintiff, respectively, and the Plaintiff filed a lawsuit seeking the payment of the temporary re-lease unpaid against the Defendant as a counterclaim. In the above lawsuit [Counterclaim], the court closed the pleading on November 9, 2016 and closed the pleading on November 11, 2017, as follows.