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 for this part of the facts by the court is that the corresponding part of the judgment of the court of first instance (Articles 2, 8, and 5) is the same as that of the judgment of the court of first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. Whether the existence of the re-subcontract in this case exists and the occurrence of the obligation to adjust the contract amount occurs, the reasons for this part are as stated in the corresponding part of the judgment of the court of first instance (as stated in Forms 5, 22, and 12, 5), except for the parts modified or added as follows. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
Part 9 of the judgment of the court of first instance, part 12 through 9 of the judgment of the court of first instance, and part 14 of the judgment of the court of first instance as follows.
[3] The amount calculated by adding value-added tax to KRW 1,423,817,265, which the Plaintiff was paid with the exception of value-added tax, such as the amount of KRW 1,546,44,071 in total as shown in the attached Table No. 1,566,198,91, including the amount of KRW 1,546,44,071, as shown in the attached Table No.
(A)(including value-added tax) is paid by a person who has received payment, and out of the amounts paid directly to the Plaintiff, the amount paid as progress payment reaches KRW 331,00,000,000, including value-added tax. The following shall be added to the first instance judgment of “No. 11, 18, in addition to:
In full view of the entries and the purport of the whole pleadings in the evidence No. 62-1 and No. 2, even if the Plaintiff is not the Plaintiff of the instant sub-subcontract, the Plaintiff received the entire claim for the construction cost from the Defendant in relation to the instant sub-subcontract from E on July 7, 2016, and the Plaintiff was delegated with the authority to notify the assignment of the claim from E on the same day, and notified the Defendant by certified content-certified mail with a fixed date, and at that time, it can be recognized that the said notification was delivered to the Defendant. Accordingly, the Defendant is obliged to pay the said adjusted amount to the Plaintiff, who received the claim for the construction