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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs the construction business under the trade name B, and the Defendant Dials Co., Ltd. (hereinafter “Defendant Dials”) and Defendant Dials Co., Ltd. (hereinafter “Defendant Dials Construction”) are corporations established for the purpose of each construction business.
B. On September 23, 2013, the Defendants entered into a contract with Grand Bank Co., Ltd. for the extension and remodeling construction of the Felel in Daegu-gu, Daegu-gu (hereinafter “instant construction”).
C. On November 16, 2013, the Plaintiff entered into a subcontract with Defendant Down with the content that the contract amount of KRW 98.6 million, the contract amount of KRW 8.6 million, the construction amount of KRW 82.6 million, and value-added tax KRW 8.2.6 million with respect to the metal works among the instant construction works. On the same day, the Plaintiff entered into a subcontract with Defendant Down Construction with the content that the contract amount of KRW 63.3 million, the construction amount of the instant construction works, the value-added tax of KRW 5.73 million, and the value-added tax of KRW 5.73 million.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2, Eul evidence 1-1, G witness G, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff completed all of the construction works under each of the instant subcontract agreements and received full payment from the Defendants.
Since then, the Defendants demanded additional construction and completed the additional construction work. The Defendants are jointly and severally liable to pay the Plaintiff the additional construction cost of KRW 20490,000 and damages for delay.
B. On March 2014, the Plaintiff and the Defendants determined the construction cost to be paid to the Plaintiff by the Defendants as KRW 150 million. The fixed construction cost includes the additional construction cost claimed by the Plaintiff. Of the additional construction cost claimed by the Plaintiff, KRW 2730,000,000,000,000 is not related to the Defendants.
Therefore, each of the instant cases.