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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is ordered.
Reasons
1. Facts of recognition;
A. On February 19, 2016, the Plaintiff entered into a construction contract with the Defendant to receive a subcontract (hereinafter “instant construction contract”) with respect to the basic file and earth and sand installation work (hereinafter “instant construction work”) among the new construction works on the ground of Busan Shipping Daegu Co., Ltd., Ltd. (hereinafter “F”), with respect to which the Defendant received a contract from F (hereinafter “F”), the contract amount of KRW 230,000,000 (excluding value-added tax) and the construction period from March 15, 2016 to June 20, 2016 (hereinafter “instant construction contract”). The Defendant’s site manager K comprehensively supervised and supervised the instant construction site.
B. On April 19, 2016, the Plaintiff issued a tax invoice of KRW 26,400,000 (value 24,000,000 value-added tax of KRW 2,40,000) in total as a person to whom the Defendant was supplied, with the payment of KRW 26,40,000 from the Defendant, and the instant construction was completed on October 11, 2016.
C. On July 28, 2016, G et al. subcontracted part of the instant construction work from the Plaintiff suspended construction work without due payment of the construction cost. K received a payment guarantee from F to G and L to the effect that “The subcontractor G (CIP, small and medium-type construction works) part of the instant construction work, and the equipment rent for the instant construction site shall be settled with the Defendant at the later time, and the F shall be guaranteed to be in direct payment.”
G established the adjustment on July 16, 2019 that “F shall pay KRW 22,00,000 to G” by filing a lawsuit seeking payment of KRW 35,875,000 based on the above payment guarantee form against F.
(J) Busan District Court 2017Kadan29572). L L filed a request against F for payment of KRW 18,500,000 for construction machinery equipment based on the above payment guarantee letter, and F, upon which the payment order was issued, raised an objection by F, thereby implementing the above payment order procedure as a litigation procedure and implementing it on May 16, 2017.