1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person engaged in the unclaimed construction business with the trade name of “C,” and the Defendant is a company that carries on housing construction business, etc., and the original contractor that performed the construction work by being awarded a contract with D and D 4 above ground gate construction works (hereinafter “pent new construction works”).

B. From November 21, 2016 to May 31, 2017, the Plaintiff refers to the work of cutting cement, etc. with a ceiling, wall, floor, etc. for parking lots, rooftops, rooms, etc. among pented new construction works;

For the cutting of the bottom of the weather work, it refers to the work to remove materials in liquid condition mixed with cement, water, weathering chemicals, and sti pumps on the floor;

It refers to the work of gathering tar on the floor at the end of the string of the "bridge of the floor", such as a string, pipe, etc., and finishing it.

(hereinafter referred to as the “instant construction”) completed the construction work.

2. The assertion;

A. The Plaintiff asserted that the Plaintiff received a subcontract for the instant construction work in the amount of KRW 11.2 million from the Defendant and completed all of the construction work. On January 20, 2017, the Plaintiff received KRW 1 million out of the construction cost from the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff the remainder of the construction cost of KRW 10.2 million and the delay damages.

Even if the Defendant subcontracted to E Co., Ltd. (hereinafter “E”) and re-subcontracted to the Plaintiff, the Defendant is jointly and severally liable to pay the above construction balance and damages for delay to the Plaintiff.

B. The defendant's assertion that the defendant subcontracted the aggregate shipbuilding work to E, and the plaintiff merely received a sub-subcontract for the construction work of this case from E, and the defendant did not directly contract the construction work of this case to the plaintiff.

Even if the liability to pay to the Defendant is recognized, the Plaintiff received KRW 1 million out of the total construction cost of KRW 3.7 million, and thus the remainder of the construction work is only KRW 2.7 million.

Considering the cost of repairing defects paid by the Defendant, the Defendant is rather liable for damages.

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