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(영문) 서울중앙지방법원 2020.09.16 2019가합507228
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff initially filed a lawsuit with C (hereinafter “C”) as the Defendant, but withdrawn the lawsuit against C on December 16, 2019. Around November 24, 2017, the Plaintiff entered into a subcontract with the Defendant with the amount of construction cost of KRW 4,502,400,000 (in addition, value-added tax was increased through supplementary consultation, and the final construction cost was the same) for the instant building project for reinforced concrete block as KRW 2,289,230,00 (excluding value-added tax; hereinafter the same shall apply). On May 22, 2018, the Plaintiff entered into a subcontract with the Defendant by making the construction cost of the instant building works for reinforced concrete block as KRW 2,289,230,00 (excluding value-added tax; hereinafter the same shall apply).

(hereinafter referred to as the “instant subcontract” in combination with the above two works, and each of them together with the instant subcontract. (b)

The construction work of this case was suspended without completion, and the defendant is the total construction cost of KRW 5,079,840,000, which is paid or may be paid by C due to the construction work of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff alleged that he received the instant construction from G, who is an employee of the defendant, to transfer the instant construction work collectively, and accordingly, the plaintiff actually performed the instant construction work. The defendant received benefits from the construction works performed by the plaintiff without any legal ground and suffered losses equivalent to the same amount. As such, ① 494,51,052 won in difference between the construction cost and the construction cost received by the plaintiff, ② 40,782,478 won in accommodation and management expenses received by the plaintiff's on-site employees, ③ 21,291,030 won in the construction site management expenses, ④ indirect expenses paid for the repair of the instant construction site, ④ KRW 205,87,60 in the construction site management expenses, ④ KRW 205,87,60 in the cost of indirect expenses paid for the repair of the instant construction site, ⑤ Consumable materials and materials.

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