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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.
Reasons
1. Basic facts
A. The Defendant contracted a new construction work B ordered by the Korea hydroelectric Energy Corporation (hereinafter “instant new construction work”), and subcontracted the land to the Plaintiff among them.
B. On April 9, 2012, D leased the Plaintiff’s name from the Defendant and received a subcontract for a construction period of reinforced concrete construction among the instant new construction works from April 9, 2012 to October 31, 2012 as the construction amount of KRW 1.03 billion (including value-added tax).
C. D performed reinforced concrete construction, but suspended reinforced concrete construction around July 2012, and completed it on the spot around September 2012.
Dalim Sck Scid Co., Ltd. (hereinafter referred to as “Jlimink Scid”) supplied heat materials for the construction of reinforced concrete at the construction site of this case from May 3, 2012 to November 8, 2012.
E. The Busan High Court filed a lawsuit against the Plaintiff and the Defendant seeking payment of the price for the goods (Seoul High Court Decision 2013Da11833) on February 17, 2015, which ordered the Plaintiff to pay the total amount of KRW 32,528,320 (hereinafter “the price for the goods in this case”) and damages for delay. While the Plaintiff appealed on this, the lower court was sentenced to dismissal of the appeal.
(B) On October 20, 2015, the Plaintiff agreed to pay the price for the goods in accordance with the above judgment. The Plaintiff received the Plaintiff’s deposit claim from the Daegu District Court, Daegu District Court, 2015TTB, 114 claims and collection orders, and around October 20, 2015, the Plaintiff paid KRW 38,300,209 to the Busan High Court.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 10, 11 and 13 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' arguments and judgments on them.