공사대금
1.On a claim that has been changed in exchange in this Court, the judgment of the first instance shall be changed as follows:
1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged by adding up the whole arguments to Gap evidence Nos. 1, 6-1, 18-1, 18-3, and part of Gap evidence No. 2.
The Plaintiff Intervenor (hereinafter “Supplementary Intervenor”) awarded a contract for D Construction, and among which, the “One Section Construction Works” was awarded to Sungsung C Co., Ltd. (hereinafter “Ssung C”), the “Second Section Construction Works” was awarded to the Defendant, and the “three Section Construction Works” was awarded to the Defendant.
B. Around January 27, 2015, the Plaintiff received re-subcontracts from the Defendant for the same part of the construction work among the instant construction work, among the construction work for the construction work for the construction work for the instant construction work (hereinafter referred to as “instant construction work”); the same part of the construction work for the construction work for the two sections from Samho-young; and the part of the construction work for the three sections from the Defendant.
C. From March 16, 2015 to June 17, 2015, the Plaintiff completed the instant construction work after executing it, and accordingly, the instant construction work amounting to KRW 36,745,000 arose.
On the other hand, on February 16, 2015, the Intervenor, following the decision to commence rehabilitation procedures for the Patech on February 16, 2015, was made, and the tender procedure was conducted to select a follow-up company to perform the remaining part of the construction work for the Patech. The Defendant was selected as a follow-up company of Patech on March 20, 2015 by failing to comply with the lowest price for the said tender. Accordingly, the Defendant’s subcontract agreement between the Intervenor and the Intervenor on April 24, 2015 is the “instant subcontract agreement” between the Intervenor and the Intervenor to be executed by the Defendant by receiving the remaining part of the construction work for the main section from the Intervenor.
AB concluded the agreement.
E. On August 2, 2016, when the instant lawsuit was pending in the first instance court, the Defendant received a decision on commencing rehabilitation procedures by the Seoul Central District Court 2016 Gohap10138, and accordingly C is appointed as the custodian of the rehabilitation debtor.