2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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A. The Plaintiff is a person who runs a construction business, etc. under the trade name of “C”, and the Defendant (D Co., Ltd.) is a company that runs a reinforced concrete construction business, etc.

B. On June 9, 2014, the Defendant entered into a construction subcontract with the Seodaemun-gu Integrated Construction Company (hereinafter “Seongyang-gun Comprehensive Construction”) with the content that the Defendant will undertake the construction works for the soil and steel reinforced concrete work among the E construction works ordered by the Gyeonggi-gu Environmental Business Office (hereinafter “instant construction works”).

C. The Plaintiff performed road packaging construction among the instant construction works. Accordingly, the Plaintiff issued to the Defendant seven copies of the electronic tax invoices, including KRW 1,650,00 on September 10, 2015 and KRW 5,830,00 on December 30, 2015, KRW 7,755,000 on April 11, 2016, KRW 00,000 on April 30, 2016, KRW 2,299,000 on May 30, 2016, KRW 880,00 on June 30, 2016, KRW 32,714,00 on July 31, 2016, KRW 32,714,00 on an electronic tax invoice.

The Plaintiff received 7,480,000 won from the Defendant, equivalent to the aggregate amount of each tax invoice ( KRW 1,650,000,000) as of September 10, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 3-1, 2-2, Eul evidence 1, Eul evidence 5-1 through 15, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion was awarded and completed road packing works among the instant construction works by the Defendant, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 25,234,00 ( KRW 32,714,000 - KRW 7,480,00) and the delay damages.

B. Among the instant construction works asserted by the Defendant, the road package construction works falls under the direct construction works of Western Comprehensive Construction, not the part ordered by the Defendant from Western Comprehensive Construction, and F, the Defendant’s representative director, performed the construction works instead of the above direct construction works at the Defendant’s request, and the said construction expenses shall be paid directly from Seo Heavy Comprehensive Construction. As such, the Plaintiff, not the Defendant, shall file a claim for the said construction expenses for the said construction works.

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