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All of the plaintiff's conjunctive claims added in the plaintiff's appeal and the trial are dismissed.
2. After filing an appeal.
Reasons
1. (1) The Plaintiff is a person who mainly contracts a tunnel construction with a contractor to perform it, or manages a subcontractor by being employed by the contractor as a working group, while operating a contractor with the trade name of “C”.
(2) Around December 2016, the Plaintiff was introduced from Nonparty D, the Plaintiff, who was aware of the general public (such as the Plaintiff, a person who arranged and introduced to the construction company and received brokerage fees, etc. in return). Around that time, the Defendant had the Plaintiff receive approximately KRW 12 billion of the anticipated construction cost of the tunnel construction among “F road construction work performed by Nonparty E”.
H. The construction of this case is referred to as the “instant construction”).
(3) The Plaintiff, from December 27, 2016 to July 6, 2017, remitted a total of 8.10,000 won to the Defendant (in relation to its nominal terms and conditions, there is a dispute between the Plaintiff and the Defendant as to its nominal terms and conditions).
(4) In the process, the Plaintiff sought advice from the Defendant on the estimated amount, etc. from January 2017 to September 2017, and submitted a written estimate related to the instant project to E Co., Ltd. several times. From November 2017, 2017, the Plaintiff filed a lawsuit that the company other than the Plaintiff would be awarded a contract for the instant project. The Plaintiff demanded the return of the amount of the said remittance from around that time to D (as to the reasons for demanding the return of the said money to D, the Plaintiff was aware of the Defendant through the introduction of D, and was believed to have a big relationship with the Defendant, and was believed to have been delivered the said return request through D.
(2) Since February 1, 2018, the Plaintiff, who was not the Plaintiff, started the instant construction work after being awarded a contract on or around February 6, 2018. As from May 6, 2018, the Plaintiff did not receive a contract for the instant construction from the Defendant, the amount of the said remittance.