공사대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion is obligated to pay the Plaintiff the construction cost of KRW 33,036,50 (=46,500,000) and delay damages therefrom, as the Defendant subcontracted the instant construction work from the Defendant who was awarded a contract for the instant construction work among the instant construction work (hereinafter “instant construction work”). Since the Defendant paid only KRW 33,030,00 among the said construction cost, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 13,436,500 (=46,46,500,50-3,030,000) and the damages for delay.
B. Determination is not sufficient to acknowledge that the Plaintiff received a subcontract for the instant construction from the Defendant solely based on the statements and testimony of witness C of the trial of this case as follows: < Amended by Presidential Decree No. 17820, Oct. 10, 2013; Presidential Decree No. 17503, Dec. 12, 2013; Presidential Decree No. 17504, Feb. 1, 2013; Presidential Decree No. 17568, Feb. 1, 2013; Presidential Decree No. 17588, Feb. 19, 200; Presidential Decree No. 17475, Feb. 19, 200; Presidential Decree No. 17570, Feb. 19, 200; Presidential Decree No. 17568, Feb. 23, 200; Presidential Decree No. 17510, Feb. 3, 2004>