logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2021.01.13 2020나5528
공사대금
Text

The plaintiff's appeal and the additional selective claim filed by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. C awarded a contract for the new construction of a single house E in Jan-gun, Jan-gun, for the first time around 2016 D Co., Ltd (hereinafter “D”).

B. D subcontracted to F on June 8, 2016 alley of the said new construction works.

(c)

On June 11, 2016, F re-subcontracted the Defendant with the steel reinforced concrete construction work.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the cause of the claim is to send four persons, such as G, H, I, and J, at the request of the Defendant, with the part of the instant construction works, such as wooden works (hereinafter “instant construction works”) among the instant reinforced concrete construction works subcontracted by the Defendant, from June 14, 2016 to August 24, 2016, at the request of the Defendant.

The construction of this case was carried out.

The Plaintiff paid KRW 28,545,00 to the above father’s personnel expenses, etc., and the Defendant only paid KRW 5 million to the Plaintiff and did not pay the remainder of KRW 23,545,00 to the Plaintiff.

Contracts between the Plaintiff and the Defendant upon the Defendant’s request are “direct construction works” and personnel expenses and expenses are to be paid directly by the Defendant.

However, as the Defendant failed to receive the construction cost from the contractor, the Plaintiff would be paid instead of the labor cost and the Plaintiff would be paid instead of the labor cost related to the instant construction work.

Accordingly, the Plaintiff selectively claims for construction cost based on the contract between the Plaintiff and the Defendant, ② claims for restitution of unjust gains arising out of the Plaintiff’s payment of labor cost without any legal obligation, ③ claims for reimbursement based on the Plaintiff’s performance of the Defendant’s obligation as a guarantor for the Defendant’s obligation, and sought payment of the amount stated in the purport of claims against the Defendant

3. Determination

A. There is no evidence to prove that the contract for determination of the Plaintiff’s claim for construction cost based on the contract was concluded between the Plaintiff and the Defendant (the contract between the Plaintiff and the Defendant as the Plaintiff is also a person).

arrow