매매대금반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiffs entered into a contract for construction work A from the Gwangju Educational University, and subcontracted the relevant construction work of reinforced concrete to Nonparty B (hereinafter “Nonindicted Company”) on August 18, 2011.
On August 23, 2011, the Defendant attended the site site conference held by the Plaintiffs on August 23, 201, and sought explanations on the specifications for special construction works, and then sign and seal on the column for participants in the site descriptions. The Defendant stated that the said specifications for special construction works include, “the cost of reprocessing the quantity of premium (three per cent) shall be deducted from the construction cost of the subcontractor (final settlement at the final settlement price).”
(hereinafter “instant construction specialty specifications.” On September 20, 201, Nonparty Company entered into a contract for the supply of steel processing (hereinafter “instant contract”) with the Defendant, and the part relating to the instant case is as follows.
[Contract] Contract Contents: 21,438,560 won
(a) Expenses for steel bars processing/transport: 26,00 won per ton (excluding surtax and on-site arrival);
(b) Quantity: 798.027 tons of this title, 26.53 tons of base steel bars, 824.56 tons (NET), 849.2968 (AD) special conditions;
1. Settlement of processing expenses: The adjusted amount of actual input processing shall be the key;
7. Settlement of the quantity of steel bars: Settlement including the application of a design discount (3%) of processed quantities - The balance of steel bars after deducting the total processing quantity 13. The non-party company shall return to the non-party company.
Plaintiff
Hero Construction Co., Ltd. received 853 tons of steel bars as government supplies and delivers them to the Defendant.
The Defendant supplied the steel bars to the non-party company, and the non-party company renounced the above reinforced concrete construction on October 24, 2012, and directly delivered the steel bars to the plaintiffs under the same conditions as the contract between the Defendant and the non-party company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7, 8, 9 (including branch numbers), and the purport of the whole pleadings
2. The parties' assertion
A. The summary of the plaintiffs' assertion 1 is as follows: processed steel bars 285.6 tons and unprocessed.