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(영문) 춘천지방법원 2014.11.14 2014나1229
공사대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the following determination of the Plaintiff’s assertion, and thus, it is identical to the written judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. In the claim for construction cost filed by the Plaintiff Company against D, the principal contractor of the instant construction project, the conciliation was concluded to receive KRW 41 million from D as the construction cost of the instant case.

However, since the Plaintiff actually implemented the instant construction project, if the Defendant Company did not conclude a subcontract related to the instant construction project with the Plaintiff, the Defendant Company received the instant construction cost from D without any legal ground, and thus, is obligated to return it to the Plaintiff as unjust enrichment.

B. According to the evidence evidence Nos. 7 and 8, the fact that the Defendant filed a lawsuit against D seeking the payment of the instant construction cost against D and the conciliation was concluded to receive KRW 41 million on May 24, 2013.

[Seoul High Court Decision 2012Na91806 (Mains), 2012Na91813 (Counterclaim). However, since the Defendant received construction payment from D pursuant to the contract for the instant construction works entered into with D, even if the Plaintiff partially performed the instant construction works, it cannot be deemed that the construction payment received from D does not have any legal ground. Thus, the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's main and conjunctive claims are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal and conjunctive claims added in the court of first instance are dismissed as they are without merit. It is so decided as per Disposition.

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