beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was that the Defendant entered into a contract with the Scar General Construction Co., Ltd. (hereinafter “Scar General Construction”) and carried out B (hereinafter “instant construction”), but the Scar General Construction was subject to the disposition of cancellation of construction registration, etc., and thereafter, the Defendant decided to pay all the construction cost directly to the employees, etc., and directly operated the instant construction.
After the Defendant’s direct management, the Plaintiff was awarded a contract for the Changho Construction Work among the instant construction works and completed around September 2013. The Defendant did not pay KRW 31,91,711 to the Plaintiff out of KRW 52,803,850 for the construction cost of September 2013.
Therefore, the defendant is liable to pay the plaintiff the above construction cost of KRW 31,991,711 and delay damages.
2. The plaintiff's assertion of judgment is based on the premise that the defendant directly operated the construction of this case.
According to the purport of Gap evidence Nos. 2, 5, and 8 (including paper numbers) and the entire arguments, the defendant was subject to the disposition of cancellation of construction business around May to 6, 2013, and that advance payment received from the defendant did not properly input into the construction work. ② The defendant entered into a direct payment agreement with the Switzerland Construction that the defendant shall directly pay the labor cost, material cost, equipment use fee, etc. related to the instant construction to the relevant worker, etc. (hereinafter referred to as "the direct payment agreement of this case") according to the order of the Sejong City that assist a large portion of the construction cost of the instant case.
(b).