공사대금
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After filing an appeal.
1. Basic facts
A. On December 1, 2015, the Defendant was awarded a contract with C’s representative D and one other (the actual representative is E; hereinafter “E” for convenience, except where it is necessary to separate them, for the construction of new collective housing (hereinafter “new construction of this case”) in the Gumi-si’s F Ground Ground Construction Project (hereinafter “new construction of this case”) at KRW 4.4 billion (including value-added tax).
B. On May 2017, the Plaintiff completed the instant new construction works, including metal, windows, dyd (PD), and glass (hereinafter “instant creative construction”).
[Ground of recognition] Facts without dispute, entry in the evidence No. 22 (except for the case of separate indication; hereinafter the same shall apply), testimony of witness G in the first instance trial, the purport of the whole pleadings
2. Summary of the assertion
A. Plaintiff 1) The Plaintiff was awarded a subcontract for the construction work of this case from the Defendant for the payment of the price for the construction work under the subcontract for the construction work of this case. The Plaintiff completed the construction work of this case. Therefore, the Defendant is obligated to pay the Plaintiff the Plaintiff the amount of KRW 520 million including the price for the construction work of this case and the value-added tax of KRW 20 million following the issuance of the tax invoice, less the amount of KRW 150 million paid by the Plaintiff, and the remainder of KRW 370 million after subtracting the amount of KRW 150 million paid by the Plaintiff. Meanwhile, the Plaintiff prepared a subcontract for E-the-job, which is not the Defendant, but signed and sealed by the Defendant, and thus, the Plaintiff constitutes a person who has the right of representation to prepare the subcontract document, and even if there was no right of representation, the Defendant is still liable to pay the Plaintiff the price for the construction work of this case according to the subcontract.