공사대금
1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the defendant J. Co., Ltd. of the plaintiff (Counterclaim defendant) is revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 2015, Goung-gun contracted the F Corporation (hereinafter “instant construction”) to the non-party E Co., Ltd. (hereinafter “E”), and E subcontracted the instant construction to the Defendant Company.
B. The Defendant Company has subcontracted the instant construction to other constructors.
Upon interruption, around July 2015, the Defendant Company entered into a contract with the following (hereinafter “instant contract”) to subcontract the instant construction work to the Defendant Company:
Construction Works Liability Execution, Management Agreement
3. Period: Commencement of construction: January 6, 2015 - January 5, 2017 (based on a contract by the vehicle at the place of order).
4. Amount of a construction contract (rate): (Value of supply - four major insurances) ¡¿ 77.55% (amount of construction contract: 176,000,000 won).
C. Meanwhile, at the time of the instant contract, Defendant D, who was the actual operator of the Defendant Company, was subject to attachment and assignment order (Seoul District Court Decision 2015TTTTT 2015TT 362; hereinafter “instant attachment assignment order”) by Defendant D’s exercise of the said assignment claim, and was directly paid the Defendant Company’s claim for the construction price against Defendant D.
In addition, if Defendant D filed a claim for the construction cost against Defendant D, Defendant Company, and the Plaintiff directly with the High Interest Group in accordance with the instant attachment assignment order, the portion corresponding to the labor cost during the construction cost was directly received from the High Interest Group into the account in the name of E managed by the Plaintiff, and the remainder of the construction cost was agreed to be paid the construction cost in the manner that Defendant D received it from High Interest Group and paid it again to the Plaintiff (hereinafter “instant payment agreement”).
E. The Plaintiff started with the middle of the first construction among the instant construction works, and performed the construction works of the second and third ingredients 1, 2 and 3, and around April 2017.