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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff subcontracted the construction work for the creation of a sports site (hereinafter “instant sports site construction”) ordered by the Chungcheongnam-do, Chungcheongnam-do, to C Co., Ltd. (hereinafter “C”), and the Defendant performed the instant sports site construction by re-subcontracting the construction work from C.
Upon the Defendant’s request, the Plaintiff paid a direct wage to the workers at the construction site. The Defendant claimed labor costs from D, E, F, G, H, I, J, K, K, L, M, and N (hereinafter “instant false workers”) who did not work at the construction site in the process, and was paid by the Plaintiff totaling KRW 27,685,561 through the account of the instant false workers.
B. Hung Construction Co., Ltd. (hereinafter “Hung Construction”) awarded a subcontract to C or C Co., Ltd. (hereinafter “O”) after receiving an order for the construction of a toilet for disabled persons (hereinafter “the toilet construction”) in the vicinity of the playground, and the Defendant re-subcontracted the toilet construction from C orO.
The Defendant mobilized workers of the instant playground Corporation to the instant toilet Corporation on the ground that the instant toilet Corporation was conducted in the vicinity of the site of the instant playground, and filed a false claim as if the construction cost required for the instant playground Corporation was the construction cost, and received KRW 14,244,00 from the Plaintiff.
C. Therefore, according to the Plaintiff’s evidence Nos. 279,109,961, the sum of the amount obtained by deceit as above, the Defendant is KRW 14,24,00,00, which is the amount obtained by deceit related to the toilet construction of this case claimed by the Plaintiff. The sum of KRW 277,685,561, which is the amount obtained by deceit related to the playground construction of this case, is KRW 293,353,961 (=277,685,561 won), and KRW 14,24,00).
Therefore, “279,109,961 won”, which is the claim amount stated in the purport and cause of the request, is “293,353,961 won.”