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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is a corporation B (hereinafter “B”) around March 27, 2012, around March 27, 2012.
B) The Defendant entered into a subcontract agreement with respect to the construction period for reinforced concrete construction among the Cmiddle School New Construction Works contracted by Suwon Desired School Love Co., Ltd. (including value-added tax) between March 26, 2012 to September 30, 2012, and the construction cost of KRW 1.331 million (including value-added tax) (hereinafter referred to as “instant school construction”).
(2) Around April 19, 2012, the Defendant entered into a subcontract agreement on construction works for reinforced concrete construction works, among the construction works for the D Barrackackackackackackackackackackacks Co., Ltd. that the Defendant contracted with an advanced steel source Co., Ltd., with the Defendant, from April 20, 2012 to November 20, 2012, and the construction cost of KRW 1.639 billion (including value-added tax).
(B) under the following:
B’s suspension of each of the instant construction works and the Defendant’s termination of the construction contract of the instant construction works, the Defendant sent a certificate on August 31, 2012, stating that “B shall terminate the construction contract, because B does not resume the construction after suspending the construction work,” and thereafter, the Defendant accepted each of the instant construction sites.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1-1 and 2, purport of the whole pleadings
2. The assertion and determination of the cause of the claim
A. The Plaintiff asserted as the cause of the instant claim, and the Defendant completed each of the instant construction works by continuously using materials, such as the Plaintiff’s oil pumps and temporary materials, in the construction site from September 2012 to September 2, 2012. In this process, the Defendant: (a) obtained a total of KRW 140,008,847 in the amount of unjust enrichment equivalent to the rent as indicated below by using the materials owned by the Plaintiff as the quantity stated in each of the transaction specifications (Evidence A-2-9) in the process; and (b) the Plaintiff suffered damages equivalent to the same amount, and thus, the Defendant suffered damages to the Plaintiff.