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(영문) 대구지방법원 2019.12.18 2019가단108722
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion D Co., Ltd. (hereinafter “D”) contracted F Corporation (hereinafter “instant construction”) from E, and the Plaintiff subcontracted the instant construction work from D around September 2018 to Defendant B in the same amount as the price for the instant construction work. Defendant C was the head of the field leader from the said construction work.

The Defendants directly received progress payment from E from November 2018 to January 2019, and the agreed amount exceeded the agreed construction cost.

E claimed the return of the excessive amount paid to the Plaintiff in D, and the Plaintiff agreed to return KRW 41,474,09 to D.

Therefore, the Defendants are obliged to compensate the Plaintiff for damages equivalent to the above money.

2. The evidence submitted by the Plaintiff alone that the Defendant B re-subcontracted the instant construction work from the Plaintiff and Defendant C was the on-site leader.

It is insufficient to recognize that the Defendants received a progress payment in excess, and there is no other evidence to acknowledge it.

The plaintiff's claim is rejected.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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