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1. Of the judgment of the first instance, the part on the Plaintiff’s claim against the Defendant-Counterclaim Plaintiff C shall be revoked.
The plaintiff.
Reasons
1. Basic facts
A. The Plaintiff as a party is a person engaged in interior work with the trade name of “F”, and the Defendants are companies that conduct the creation and operation of kicca, and indoor interior interior decoration work business.
B. 1) The Plaintiff and the Defendant B’s subcontract for the construction work between the Plaintiff and the Defendant B (hereinafter “No. 1”) are four KIKO (Hooc store, board store, Busan store, and J) that Defendant B received from Defendant B in around 2012.
(2) On July 30, 2013, the Plaintiff and Defendant B drafted a subcontract document retroactively after the Plaintiff completed the construction work, and the contract document is written to the effect that: (a) the down payment of KRW 415,000,000 (including value-added tax) was made on January 4, 2013; and (b) the intermediate payment of KRW 375,00 million on July 17, 2013; (c) the remainder payment of KRW 375,00,000,000,000,000,000,000,000,000 on July 31, 2013; (d) however, the Plaintiff and Defendant B drafted the subcontract document to the effect that the Plaintiff had completed the construction work, as set out in the following:
(4) On January 10, 2014, the Plaintiff asserted that the date of the actual contract is a policeman at early January 1, 2014, and Defendant B did not assert any particular assertion. 3) The remittance details ① Defendant B remitted total of KRW 437,907,00 to the Plaintiff’s deposit account as shown in the [Attachment] from November 15, 2012 to September 4, 2013. ② The Plaintiff remitted KRW 30,830,000 to the Defendant B’s deposit account on January 10, 2014. ③ Defendant B remitted the remainder of KRW 5,000,000 to the Plaintiff’s deposit account on October 30, 2014, the Plaintiff promised to sell the remainder to Defendant B by the date of outstanding payment of the construction cost, and the Plaintiff did not immediately request the Plaintiff to pay the remainder of the sales amount until the date of the remainder payment.”