하도급대금
1.The judgment of the first instance shall be modified as follows:
The primary defendant Woos Korea Co., Ltd. shall be the plaintiff.
1. As to the scope of the trial in this court, in the first instance court, the Plaintiff claimed the payment of the subcontract price of KRW 749,60,000 against the main defendant, the main defendant, and the main defendant, A, and the primary defendant, and the claim for damages against A in the amount of KRW 60,59,542 against the main defendant.
Therefore, the court of the first instance dismissed the claim against the primary defendant CY Korea Co., Ltd., and accepted the claim against the primary defendant C Co., Ltd., and separately accepted part of the claim for damages against the primary defendant C Co., Ltd., and it is obvious that the plaintiff filed an appeal only against the primary defendant CFS Korea Co., Ltd., and it is obvious that the plaintiff filed an appeal against the main
Thus, the separate claim for damages against Defendant A was finalized since both the Plaintiff and the above Defendant did not appeal.
In addition, since the part of the subcontract consideration claim case falls under the preliminary co-litigation, the whole is transferred by the plaintiff's appeal and it falls under the object of adjudication of this court.
2. Around December 2009, Defendant CFS Korea Co., Ltd. (hereinafter “Defendant CFS Korea”) concluded a contract with the Non-Party A Co., Ltd. (hereinafter “Non-Party A”) for the construction of the instant construction of the ground-based medical facilities (hereinafter “instant construction”) at the cost of construction KRW 3.5 billion and the construction period from December 30, 2009 to October 30, 2012. After that, at the time of the said construction, the construction was changed from the non-party A to the Defendant A Co., Ltd. (hereinafter “Defendant A”).
[Defendant Woos Korea merely awarded a contract to the non-party company for the instant construction, but the non-party company did not contract to the non-party company. However, the agreement between Defendant Woos Korea, Defendant A, and the non-party company on the settlement of accounts between Defendant Woos Korea, Defendant A, and the non-party company (Article 1 of evidence B(B)).