용역비
1. The appeal by the defendant clean soil company shall be dismissed.
2. The costs of appeal are fair and clear.
1. Examining the Plaintiff’s claim against the Defendants in light of the scope of the trial in this court, the Plaintiff’s claim against the Defendant K- industry is that the Defendant clean soil, the principal contractor of the construction mentioned above, was entrusted by the Defendant K- industry and subcontracted to the Plaintiff. Thus, the Plaintiff may directly seek the subcontract price for the Defendant K- industry pursuant to Article 14(1) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”). The claim against the Defendant clean soil is the party to the contract, and the service fee is sought. If the claim against the primary Defendant K- industry is accepted, the primary Defendant K- industry’s obligation against the Plaintiff can be extinguished pursuant to Article 14(2) of the Subcontract Act. Thus, each claim in this case is legally incompatible and constitutes a subjective and preliminary co-litigation.
Accordingly, in light of the fact that Article 67 through 69 of the Civil Procedure Act applies mutatis mutandis to subjective and preliminary co-litigation even if the plaintiff did not appeal against the primary defendant defendant defendant K industry, the plaintiff claimed service costs against the defendants, dismissed all claims against the primary defendant K industry, and only part of the conjunctive defendant K industry's claim against the primary defendant K industry was accepted, and only the conjunctive defendant K industry's clear appeal against this is filed. In light of the fact that Article 70 (1) of the Civil Procedure Act applies mutatis mutandis to subjective and preliminary co-litigation, the part of the judgment against the defendant K industry for which the plaintiff did not appeal against the primary defendant K industry is not finalized, and the judgment against the primary defendant K industry is transferred to the appellate court.
2. Facts of recognition;
A. On March 11, 2016, Defendant KM industry: (a) with respect to the new construction of officetels B in Nam-si, Nam-si; (b) the construction period from March 11, 2016 to March 2017, 201.