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1. The plaintiff's appeal and the conjunctive claim against the main defendant A added by this court.
Reasons
1. Basic facts
A. The reasoning of this part of the judgment of the court of first instance is as follows, and the reasoning of this part is as stated in the reasoning of the judgment of the court of first instance, except for the case where part is dismissed, and thus, this part is cited in accordance with the main sentence of Article 420
B. 1) From the second bottom of the second sentence of the judgment of the court of first instance, 2.2) The third part of the judgment of the court of first instance “B” was subcontracted to “B” (hereinafter “instant construction contract”).
(i) be changed to ";
3) On the fourth 3rd anniversary of the judgment of the court of first instance, “Expert C” is changed to “Expert C of the court of first instance.”
2. Summary of the plaintiff's assertion
A. 1) The primary Defendant is the actual party to the instant construction contract with the Plaintiff by lending the name of the primary Defendant and agreed to settle the construction cost according to the volume invested in the instant construction work. As such, the primary Defendant is to pay the Plaintiff the remaining construction cost of KRW 226,864,924, which is calculated by deducting the fixed construction cost from KRW 588,50,000, which was actually invested in the Plaintiff from the construction cost of KRW 815,364,924, and the damages for delay thereof. 2) If the obligation to pay the remaining construction cost against the primary Defendant is not recognized, the primary Defendant, the owner of the instant construction project, who is the owner of the instant construction project, gains profits from the Plaintiff’s input of the construction volume, thereby causing damages to the Plaintiff, and thus, the Plaintiff shall return the remaining construction cost of KRW 226,864,924 from unjust enrichment
B. If the parties to the construction contract of this case against the conjunctive defendant are not acknowledged as the primary defendant, the conjunctive defendant shall pay the plaintiff the remaining construction cost of 226,864,924 and damages for delay.
3. Judgment on the claim against the primary defendant
A. We examine the determination of the claim for the payment of the construction cost (main claim), Gap evidence 1, 3, and 32, Eul evidence 2, 3, and Eul evidence 8, 9.