공사대금
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
The defendant.
1. Basic facts
A. 1) The Defendant entered into a contract for construction works and a subcontract (hereinafter “Dong Construction”) on October 18, 2012 (hereinafter “Dong Construction”).
(1) The hotel in the name of “D hotel” (hereinafter referred to as “instant hotel”) on the land of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.
2) A new construction project (hereinafter referred to as “instant construction project”)
(2) On November 21, 2013, a subcontract was concluded between the Plaintiff and the Plaintiff during the instant construction period of KRW 51,469,000, and the construction period of KRW 8,187,080,00, and the construction period of KRW 231,000 from December 10, 2012 to November 30, 2013; and on November 21, 2014, a subcontract was concluded between the Plaintiff and the beneficial E&S (hereinafter “Plaintiff E&S”) with respect to the instant construction during the instant construction period from November 21, 2013 to March 31, 2014. On January 6, 2014, Plaintiff L&S Co., Ltd. (hereinafter “Plaintiff E&S”). < Amended by Presidential Decree No. 23150, Nov. 31, 2014>
B. As the discontinuance of construction and the comprehensive construction under the right of retention have aggravated financial standing from March 2014, 201, it was impossible to pay the subcontract construction cost to subcontractors including the Plaintiffs, the Plaintiffs and subcontractors suspended construction and exercised the right of retention on the instant hotel from April 2014.
C. From September 2014, the Defendant paid part of the subcontract construction cost for which comprehensive construction was unpaid to the Plaintiffs and subcontractors from around September 2014, and around that time the Plaintiffs and subcontractors resumed the instant construction and completed the instant hotel around January 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7, 15 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The plaintiffs' assertion 1 is a comprehensive construction around September 2014.