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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2015, Defendant A entered into a standard construction cost contract (BB No. 1) with respect to construction works for substantial repair of the H building in Daegu Suwon-gu (hereinafter “instant construction works”) with the construction cost of KRW 692 million and the construction period from July 7, 2015 to November 15, 2015.
B. Prior to the conclusion of the above contract, Defendant A received a written estimate on the instant construction project from SB Construction Co., Ltd., Two River Construction Co., Ltd., and I, and each of the said written estimates is calculated as KRW 56,034,581,54,845,263,51, and KRW 51,924,220, respectively.
C. The Plaintiff, who was requested by the Deceased for electrical construction among the instant construction works, issued each tax invoice in an amount equivalent to KRW 45 million on September 12, 2015, with the supply price of KRW 30 million on September 12, 2015, and the supply price of KRW 45 million on December 10, 2015.
The Plaintiff received KRW 33 million from Defendant A as the price for electrical construction, and KRW 14.5 million on December 18, 2015, and KRW 5 million from the Deceased on November 25, 2015, respectively.
E. The Deceased died on September 7, 2017 while the instant lawsuit was pending.
As the inheritor of the deceased, there are Defendants B, C, D, E, and F, who are the spouse.
[Ground of recognition] Facts without dispute, Gap evidence 2, 5 through 10, Eul evidence 2 (including provisional number), Eul evidence 1, the purport of the whole pleadings
2. Claim against the defendant A;
A. The Plaintiff’s assertion is the owner of the building directly managing the H building construction in Daegu Suwon-gu (hereinafter “instant construction”). The network G, on behalf of the Defendant A, requested the Plaintiff for electrical construction during the instant construction.
Since Defendant A entered into a contract for electrical construction with the Plaintiff through the Deceased, Defendant A shall pay KRW 30,710,965 of the remaining electrical construction cost and delay damages to the Plaintiff.
Even if it is not so, the defendant A made unjust enrichment equivalent to the above amount.