공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a constructor who performs the construction of machinery, apparatus, industrial equipment, etc. with the trade name of “D”, and Defendant B and C (the trade name before alteration: “C”; hereinafter referred to as “C”) are companies engaged in the manufacture, sales, etc. of cement.
B. On February 5, 2015, Defendant C contracted the construction period to the Plaintiff for the construction work from February 20, 2015 to November 30, 2015, setting the construction cost at KRW 2.9 billion, and Defendant C’s female plant construction work (hereinafter “instant plant construction work”) at KRW 2.9 billion, and the Plaintiff completed the instant plant construction work.
[Basic Facts] Facts without dispute, Gap evidence 1, Eul evidence 11, the purport of the whole pleadings
2. The parties' assertion
A. After the completion of the instant plant construction, Defendant C decided to sell the instant plant to Defendant B, and Defendant B demanded the reinforcement construction of the said plant under the terms of sale. Accordingly, the Plaintiff and Defendant C determined the construction period from October 1, 2016 to November 20, 2016 as KRW 330 million (excluding value-added tax); hereinafter the same shall apply, “the 21EA reinforcement construction contract” (hereinafter referred to as “instant reinforced construction contract”).
(2) Although the instant reinforcement construction contract was concluded with the Plaintiff and Defendant C as a party, Defendant B issued the drawings of the construction work and issued specific work instructions and supervision, and the Plaintiff completed the instant reinforcement work around November 2016.
3) Therefore, Defendant B, who is the contractor of the instant reinforced construction, around the Plaintiff, is obligated to pay the construction cost of KRW 363,00,000 (including value-added tax and damages for delay thereof) as the contractor of the instant reinforced construction, such as issuing the drawings of the construction project and giving specific direction and management.