공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. D and E joint contractors, subcontracting 1) D and E Co., Ltd. (hereinafter “D” and “E”
F) Around November 2009, F institution orders and the Doksan Regional Land Management Agency under the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as “Sasan Regional Land Management Agency”) is a customer without classification.
G Construction Work (hereinafter “original Construction Work”)
A) A contract was awarded under the joint implementation method. The instant contract for construction works was concluded on December 14, 201, 201; December 4, 2012; December 17, 2012; December 31, 2013; and on December 31, 2013, the construction payment was changed from KRW 79,228,513,593 to KRW 85,325,00,000; and the construction period was changed from January 23, 2015 to January 23, 2015.
The joint supply and demand agreement (A) provides that if any member goes bankrupt, the other member may withdraw from the joint supply and demand agreement.
(See Article 9(2)3) Prior to the process of lawsuit, Plaintiff A Co., Ltd. (B Co., Ltd. was merged on November 24, 2015, and took over the instant litigation procedures, regardless of whether it was before or after the merger; hereinafter “Plaintiff”) was awarded a subcontract for the construction of land and structures during the original construction (hereinafter “instant construction”) from D on October 25, 2010, for the contract amounting to 15,615,60,000 won, and for the construction period from October 25, 2010 to November 22, 2013.
After that, the plaintiff and D entered into the contract to modify the above subcontract over three occasions as follows.
(2) The change of the contract amount to KRW 16,857,50,000 on June 8, 2012, and the period of construction until January 28, 2014 < Amended by Presidential Decree No. 23488, Nov. 22, 2013>
B. D’s commencement of rehabilitation procedures, D’s written agreement with the Plaintiff, etc. on July 3, 2012