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1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added by the court of the trial is dismissed.
3...
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in wholesale and retail business of electric wires, pipes, materials, etc., and the Defendant is a company that engages in telecommunications construction business.
Written subcontract agreement for construction works (No. 3-1)
1. The name of the prime contract for the gold industry: A sales contract for a publicly offered site for multi-family housing;
2. Name of subcontracted construction: D apartment telecommunications construction works.
3. Place for construction: Sejong City/B block;
4. Period for construction: From May 4, 2016 to April 2, 2018;
5. Contract amount: A written subcontract agreement for construction works with the subcontractor for the gold industry (Evidence 3-2) on May 3, 2016, on May 3, 2016;
1. The name of the prime contract for the gold industry: A sales contract for a publicly offered site for multi-family housing;
2. Name of subcontracted construction: D apartment telecommunications construction (C block);
3. Place for construction: Sejong City/B block;
4. Period: From May 4, 2016 to February 2, 2018;
5. Contract amount: The subcontractor on May 3, 2016;
B. On May 3, 2016, the gold industry Co., Ltd. (hereinafter “gold industry”) entered into a contract with the Defendant to subcontract the construction work subcontract agreement with the Defendant to the Defendant (hereinafter “instant construction work”) for the total construction cost of KRW 3,744,898,400 (= KRW 2,016,518,240 C block 1,728,380,160,160) as shown in subparagraph 3-2 (Evidence 3-3).
The name of the project contract (No. 4: The name of the project contract at the site of the D apartment electricity and telecommunications construction site: The total down payment at the site of the D apartment construction site: KRW 3,018,685,928: The intermediate payment at KRW 2,807,250,000 (95%) once a month after the completion of the remainder of construction: 147,750,000 (5%) after the expiration of the contract: April 2, 2018.
C. On May 4, 2016, the Defendant entered into a contract with E Co., Ltd. (hereinafter “E”) to re-subcontract the construction cost of the electric and telecommunication works during the instant construction to E in KRW 3,018,685,928, as the project agreement (Evidence B No. 4) as follows.