공사대금 등
1.The judgment of the first instance shall be modified as follows:
The defendant is against the plaintiffs 1,242,120,697.
1. The facts under the summary of the case are either not disputed between the parties, or acknowledged by taking into account Gap evidence Nos. 1, 3, 4, 7, 8, 24, 27 through 29, 41, 47, Eul evidence Nos. 1, 2, 5, and 10 (including each number, if any; hereinafter the same shall apply), the testimony of the witness J of the first instance trial, the results of the appraisal by the appraiser K of the first instance trial, and the overall purport of the pleadings.
A. On June 22, 2007, the Defendant entered into a contract between the Defendant, E and F Co., Ltd., and the Defendant contracted to E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) for the construction of D apartment reconstruction complex (hereinafter “instant construction”) at the cost of 16,270,50,500,000 and the construction period from June 2007 to June 2009.
(hereinafter “instant First Contract”). (b)
Around July 22, 2007, E and F commenced the instant construction work. However, since November 2007, F, a joint beneficiary, was practically performing the instant construction work. 2) After notification on January 20, 2009, E notified the Defendant of his intent to waive the instant construction work, and the Defendant, E and F agreed to change the contractor from “E and F” to “F” on June 25, 2009, and thereafter F performed the instant construction work.
C. F, who had continued to perform the instant construction project against the Defendant F, in October 2009, discontinued the construction project due to the shortage of funds, the Defendant notified F of F to the effect that the instant first contract would be terminated. In this regard, F, on January 25, 2010, agreed that the Defendant, the contractor under the instant first contract, as Suwon District Court 2010Kahap1336, “F,” agreed to pay F, directly to F, the cost of supply of ready-mixed and steel bars, which were put into the construction site of this case, and the cost of supply of the instant construction site, and the rent for the workshop, etc., shall be paid.