beta
(영문) 대전고등법원 2015.07.15 2014나2455

공사대금등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 25, 2013, the Defendant subcontracted the instant construction work of reinforced concrete (hereinafter “instant construction”) among the new construction works of the Seo-gu Daejeon Gtel (hereinafter “New Gtel”) to KRW 1,320,000,000 (including value-added tax).

B. During the process of performing the instant construction, New York re-subcontracted the Plaintiff’s construction of steel reinforced concrete principal with respect to the instant construction, and received building materials from Plaintiff C and D, while leasing building materials from the Plaintiff’s commercial industry.

C. Around July 2013, the instant construction was suspended, and the Defendant, on August 12, 2013, notified the termination of the subcontract to the New Daily, and on August 12, 2013, the Defendant and New Daily account the construction cost settlement on July 31, 2013.

After the suspension of construction work, the Defendant directly carried out the construction work of this case, and even during the direct management period of the Defendant, the Plaintiff A continued to receive a sub-subcontract at the Defendant’s request, and the Plaintiff C and D additionally supplied construction materials.

[Reasons for Recognition] Facts without dispute, Gap's 1 through 9, 14, Eul's 1 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to each of the plaintiffs' claims

A. 1) The plaintiffs' assertion 1) The defendant terminated the construction work of this case, and terminated the construction work of this case. The defendant accepted the unpaid construction cost, goods price, and debts against the plaintiffs in the previous New Daily, and paid the additional construction cost and goods price in addition to the materials to be supplied and supplied after the termination. Therefore, the defendant is liable to pay the whole construction cost, goods price, and rent that have not been paid to the construction works or materials supplied or leased at the construction site of this case. 2) The defendant's assertion that the construction work of this case is made by the defendant.