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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On November 15, 201, the detailed statement of the instant contract states that the construction cost of the construction work of machinery and equipment among the instant construction work is material cost of KRW 294,398,562, labor cost of KRW 75,475,375, total labor cost of KRW 369,73,93,937, and the total construction cost of KRW 3200,000 (excluding value-added tax) and the construction period of KRW 200,00,00 (hereinafter “instant contract”).
B. From August 22, 2012, the Plaintiff received subcontracting by setting the contract amount of KRW 660,000,000 (including value-added tax) and the construction period from August 22, 2012 to February 28, 2013, of the instant construction works.
(hereinafter referred to as “instant subcontract”). (c)
On August 22, 2012, the day when the instant subcontract was concluded, the Defendant, the principal contractor, and the International Trust Co., Ltd. (hereinafter “International Trust”), the succeeding contractor, the three comprehensive mining construction, the subcontractor, and the Plaintiff, the subcontractor, agreed to pay the subcontract price directly to the Plaintiff (hereinafter “the instant direct payment agreement”), and the details of the agreement on such agreement are as follows.
The original contract term - The original contract term - the construction works of sublime UK201 - the contract amount: 3,200,000,000 won for the unit construction works of sublime : the separate contract term: from December 2, 2011 to February 2, 2013 - The original contract term: the defendant - the succeeding contractor: the International Trust - the contractor: the terms of the three comprehensive mining construction subcontract contract - the construction works of machinery and equipment - the subcontract amount of KRW 660,00,00 (including value-added tax): the contract term: the 660,000 won for the unit construction works - the construction works of machinery and equipment from August 22, 2012 to February 28, 2013 - the contractor: the subcontractor: the plaintiff.
1.The Framework Act on the Construction Industry for the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the contractor and the subcontractor above.