공사대금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's primary claim and the trial changed in exchange at the trial.
1. Basic facts
A. The Plaintiff is a company with the objective of civil engineering and construction work, etc., and Defendant B is the representative of C with the objective of pipeline and management food manufacturing, etc., and Defendant A is the father of Defendant B, who actually operates Defendant B with Defendant B.
B. On October 20, 2013, the Defendants awarded a contract for the construction of a F-based C plant (hereinafter “instant contract”) to E who operates D on the F-based C plant (hereinafter “instant factory construction”) at KRW 1,452,00,000 (excluding value-added tax) (hereinafter “instant contract”). On November 27, 2013, E awarded a subcontract to the Plaintiff (hereinafter “instant subcontract”) at KRW 143,00,000 (including value-added tax) among the new factory construction works in the instant case.
[E] At the time of the conclusion of the instant contract and the instant subcontract, the Switzerland Comprehensive Construction Co., Ltd. (hereinafter referred to as the “Nice Construction”).
(3) The Defendants, E, and the Plaintiff are deemed to have recognized that the contractor or subcontractor at the time of the conclusion of each of the above contracts was E, not the contractor or subcontractor. Therefore, it is reasonable to deem that the contractor or subcontractor of each of the above contracts is E regardless of the name of the contract.
After that, the Plaintiff completed the trademark panel and the creative construction of this case, and the Plaintiff, E, and the Defendants, on May 21, 2014, specified the unpaid subcontract price (hereinafter “paid subcontract price”) up to the time of the trademark panel and the creative construction as KRW 200,00,000 (excluding value-added tax) and agreed on the following terms (hereinafter “instant agreement”).
approximately 80,000,000,000 as completed portion, shall be deemed as the head of Tong under the name of Switzerland, and 50,000,000,000,000,000,000 after the completion, shall be deemed as the factory of this case.