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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On January 26, 2016, the Plaintiff entered into a contract with the Defendant on the condition that the portion of metal, windows, and glass construction (hereinafter “instant construction”) among the new construction works for D buildings, located in Busan-gun, Busan-gun, and one parcel of land (hereinafter “instant construction”) be KRW 35,200,000 (hereinafter “instant construction work price”). The Plaintiff paid KRW 35,200,000 for the instant construction price according to the instant subcontract.
B. However, in fact, E Co., Ltd. (hereinafter “E”) filed a lawsuit against the Plaintiff seeking payment of the construction cost (hereinafter “related lawsuit”) under the court No. 2016da17431, and the Plaintiff in the relevant lawsuit was sentenced to a judgment against the Plaintiff and paid E the amount equivalent to the construction cost of the instant case in accordance with the said judgment against the Plaintiff.
C. Thus, since the construction of this case was completed by E without the execution of the construction of this case, the subcontract of this case became null and void due to the impossibility of accomplishing its purpose, and is valid in the form of household affairs.
Even if a copy of the complaint of this case is to be released by the service of the duplicate.
Therefore, since the Defendant acquired the instant construction cost of KRW 35,200,000 from the Plaintiff without any legal ground and caused damages equivalent to the same amount to the Plaintiff, it is obligated to return the said cost to the Plaintiff as restitution following unjust enrichment or rescission of the contract, and the delay damages therefrom.
2. In full view of each statement of No. 4, Gap evidence No. 4, Eul evidence Nos. 2 through 8 (including numbers, if any) and witness F’s testimony, F, G, and H (hereinafter “F, etc.”) borrowed the Plaintiff’s name and was awarded a contract for the construction of the said D building, and F, etc. upon delegation by the Plaintiff.