공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where each corresponding part of the judgment of the court of first instance is cited or added as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Each "witness" of not more than 12 pages 2 shall be considered as a "witness of the first instance trial".
At the bottom of the fourth level, the part of the 3 and 4 " .........." shall be made in the same manner as the following:
【Agreement on Reduction of Contract Price between the Plaintiff and the Defendant (hereinafter “instant reduction agreement”).
(4) In full view of the purport of the entire pleadings, the testimony of the witness of the trial and the testimony of the witness of the trial at issue, it is difficult to deem that the Defendant entered into or agreed on the part of the subcontractor to have entered into a new contract for each of the above contracts with the subcontractor. (4) In full view of the purport of the entire pleadings, the Defendant asserted that the Defendant entered into a direct contract with H for the furniture during the instant construction, the Changwon District Court 2019No8699 on August 8, 2019, the Defendant brought a lawsuit claiming construction cost against H as the Changwon District Court 2019No8699 on August 8, 2019, and (e) the (hereinafter “I”).
A) The fact that the Defendant requested the payment of the price for construction on July 22, 2019 is recognized. However, this appears to be merely an exercise of the right under each contract between K and H and I and the Defendant (Evidence B Nos. 2 and 3). It is difficult to readily conclude that the instant reduction agreement was reached between the Plaintiff and the Defendant solely on such circumstances. Meanwhile, in full view of the overall purport of the pleadings in each testimony by the first instance court witness D and the party witness K, comprehensively taking account of the entire purport of the pleadings, the subcontractor’s demand for direct payment and the initial progress of the Plaintiff (hereinafter “instant paint construction”).
The defendant and H are directly entering into a contract for construction works with each subcontractor.