Of the judgment of the first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked, and

1. The parties' assertion

A. The Defendant agreed to pay to the Plaintiff KRW 7,700,000 equivalent to 20% of the contract price in advance, while subcontracting the construction work to the Plaintiff in KRW 38,50,000, and the said advance payment received the payment for the construction work from the previous subcontractor C.

Therefore, the defendant is obligated to pay to the plaintiff KRW 7,700,000 and damages for delay.

B. The Defendant entered into a contract with the ordering person and entered into a subcontract with the Plaintiff to take over the construction contract and carry out the construction work.

However, since the defendant did not receive the down payment from the ordering person and did not commence the construction work, there is no obligation to pay C the unpaid construction cost.

2. Facts of recognition;

A. On October 2017, the Plaintiff supplied the sewage for the construction of multi-family housing D in the following cities: (a) the construction cost not paid is KRW 7,700,000.

B. Upon suspending the construction work of C, the Defendant, on October 4, 2018, agreed to subcontract the said construction work to the Plaintiff with the contract amount of KRW 38,500,000, and the construction period from October 4, 2018 to December 31, 2018, and agreed to pay 20% of the contract amount in advance within 14 days from the date the Plaintiff’s request was received (Article 10(2) of the General Conditions). / [Grounds for recognition] Evidence No. 1, evidence No. 1, and the purport of the entire pleadings, and the purport of the whole pleadings.

3. According to the above facts of determination, the defendant assumed the obligation of the plaintiff C to pay to the plaintiff KRW 7,700,000 equivalent to 20% of the contract amount as advance payment.

shall be deemed to have been.

In addition, if there is a problem in the contract agreement between the defendant and the project owner, the agreement was made to invalidate the above advance payment agreement.

There is no evidence to see.

Therefore, whether the Defendant had the obligation to perform its duties since November 23, 2018, when 14 days from the date when the Plaintiff requested the Plaintiff to issue the electronic tax invoice for KRW 7,700,000 to the Plaintiff.