beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On November 2014, the Plaintiff: (a) decided to newly construct a studio on the Gyeongjin-gun, Ulsan-gun, and each ground owned by the Plaintiff; and (b) contracted construction to E, a construction business operator, “F building B and A Dong (A site)” (hereinafter “new construction project”); and (c) E subcontracted the electrical construction part among the new construction project in this case to the Defendant.
B. Around February 2015, the instant new construction was suspended due to the financial reasons of E, and the Plaintiff, among the said new construction works, re-contracted with G on the B-dong (Site 6; hereinafter “B-dong”) project, concluded that the said G-dong (A site; hereinafter “A-dong”) was directly executed by the Plaintiff, and subcontracted the electrical construction portion to the Defendant, who is the existing electrical business operator.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 5 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The said electrical construction price is KRW 14 million, and the said electrical construction price is KRW 18 million, and the total construction price for the electrical construction executed by the Defendant is KRW 32 million. 2) However, the Defendant received KRW 22.7 million in total from Bdong and Adong electrical construction price, KRW 3 million in the same electrical construction price, and KRW 10 million from G from H, the Plaintiff’s wife, and KRW 10 million in total, KRW 45.7 million in the same electrical construction price.
3) Therefore, the defendant shall be deemed to have illegally acquired the remaining KRW 13.7 million, which is the actual construction cost, out of the amount of 45.7 million which was paid as the above electrical construction cost. Thus, the defendant shall be obligated to return the above amount to the plaintiff. (B) The plaintiff is obligated to pay additional KRW 2 million of the installation cost of lighting separately from the amount of KRW 14.0 million, and A's electrical construction cost shall be KRW 34 million.