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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a person who performs interior works and removal works in his trade name, and the Defendant is a corporation that engages in construction works, civil engineering works, etc.
B. The Defendant contracted the Seoul subway C Facility Improvement Works with Seoul subway Station (hereinafter “instant Civil Works”) to the Korea-U.S. Basic Development Corporation (hereinafter “Korea-U.S. Basic Development”), and the Korea-U.S. Basic Development Co., Ltd. (hereinafter “Korea-U.S. Basic Development”). On November 201, 2012, the Korea-U.S. Basic Development subcontracted the Korea-U.S. Facilities and Removal Works (hereinafter “instant removal Works”) to the Plaintiff verbally re-subcontract the Plaintiff.
C. On November 20, 2012, the Plaintiff leased one of the instant removal equipment (hereinafter “instant equipment”) at KRW 350,000 per day to the site of the instant removal work, and carried out coding engineering works, etc. for the removal of walls from the end of December of the same year. Since the end of December 2012, the instant removal work, including the instant removal work, was completely interrupted due to the conflict of opinion between the Defendant and the Korea-U.S. Basic Development as to the construction performance and the claim for construction payment.
The Defendant sent an official document to the effect that “The amount of performance recognized by the Defendant corresponds to the actual construction portion, so no further claim may be accepted” for the Korea-U.S. Basic Development on January 25, 2013, through the process of checking and confirming the leakage quantity of the civil engineering works in this case and the claim amount for progress payment for the Korea-U.S. Basic Development through meetings from the end of December 2012 to the end of January 2013, through the Korea-U.S. Basic Development several times, and the process of checking and confirming the claim amount for progress payment for the civil engineering works in this case is conducted on January 25, 2013. As such, the Defendant sent an official document to the effect that “the request for further cooperation is made so that the construction works can be carried out smoothly by resolving the delayed construction cost through the resumption of the suspended construction works, and the process is insufficient to reach a smooth progress.” However, the Seoul subway Station Corporation has been performing the improvement of facilities