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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The reasoning of this part of the judgment of the court of first instance is the same as that of Paragraph 1 of the part concerning the reasoning of the judgment of the court of first instance, and thus, the reasoning is cited by the main text of Article
2. The parties' assertion
A. The Plaintiff’s assertion (1) The Plaintiff filed a claim for the construction cost based on the defect repair contract of this case with the Defendant in addition to the subcontract price for other construction works that the Defendant performed. The Plaintiff concluded the instant defect repair contract with the Defendant orally upon receiving a request for a change of the defect repair work of this case. Accordingly, from November 4, 2012 to October 2013, the Plaintiff planted the trees equivalent to KRW 30,022,40, 1100, 2700, 2700, 68,89,89,700, including 1100,0000,0000, 2700,0000. The Defendant is obligated to pay to the Plaintiff the construction cost of the instant defect repair work of this case, 68,563,381 (excluding value-added tax) as the price for the defect repair work of this case, and delay damages therefrom
(2) Even if the original Defendant did not agree to pay the cost of defect repair, the Defendant is obligated to pay the amount equivalent to the cost of defect repair as unjust enrichment to the Plaintiff.
(3) The Plaintiff’s act of having the Plaintiff perform the instant defect repair work on the ground that the Defendant, a subcontractor, would be able to order another construction work performed by the Defendant without any intent to pay the cost of defect repair to the Plaintiff, taking advantage of the position of the principal contractor socially superior, constitutes an unfair trade practice in violation of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and thus, the Defendant is obligated to pay the Plaintiff the amount equivalent to the cost of defect repair work as compensation for damages arising from the aforementioned unlawful act.
(d).