logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2014.11.26 2013가단15428
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, 4, and 5, together with the purport of the entire pleadings.

On April 9, 2010, the Defendant obtained a construction permit from the Incheon City Mayor to install dangerous substance treatment storage facilities on the ground (hereinafter “instant construction”).

B. The Defendant sold to E and F the land subject to the instant construction project and the instant construction project right.

C. E and F entered into a contract for a construction project with the KS Comprehensive Construction Co., Ltd. (hereinafter “KS Comprehensive Construction”) under which the instant construction project was contracted to the KS Comprehensive Construction.

On December 3, 2012, the Plaintiff entered into a subcontract for the incidental civil works among the instant construction works with the content that the construction cost would be paid at a fair rate without specifying the amount of the construction cost.

E. However, immediately after the discontinuance, the instant construction was discontinued, and at the time of the discontinuance, the KS Integrated Construction was in the state of executing only the first construction among the instant construction works.

F. The Plaintiff performed part of the subcontracted construction work from the KST Comprehensive Construction, but did not receive KRW 25,286,00 from the construction price of KRW 46,168,00 from the KST Comprehensive Construction.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that ① the plaintiff, a representative of the defendant, agreed that the plaintiff would pay directly the construction cost that was not received from the KS comprehensive construction, ② the plaintiff completed the incidental civil construction work on the land owned by the defendant during the construction of this case, and the facilities completed by the construction of this case obtained unjust enrichment equivalent to the remaining construction cost on the land owned by the defendant, and thus, the plaintiff is obligated to pay the agreed amount, unjust enrichment, KRW 25,286,00, and delay damages.

(b) the first.

arrow