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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. From August 17, 2012 to June 18, 2013, the Defendant, as a specialized construction company operating a facility construction business, etc., was awarded a successful bid for four machinery and equipment works as listed below from Gwangju Metropolitan City, etc. (hereinafter referred to as “drawing construction works” by the sequence below, and hereinafter referred to as “each of the instant construction works”) as listed in the following table.
Of the construction works of F secondary schools No. 25% from August 17, 2012 among the construction works of F secondary schools No. 4,708,152,000 on August 17, 2012 among the construction works of F secondary schools No. 170,655,200% of the construction works of G University No. 3 Corporation No. 6, Jun. 12, 2013 among the construction works of F secondary schools No. 3 Corporation No. 100% of the construction works of F secondary schools No. 3 Corporation No. 6, Jun. 12, 2013, among the construction works of H elementary schools No. 4 Corporation No. 182,500% of the construction works of H elementary schools No. 100 on Oct. 30, 2012
B. Meanwhile, the first corporation was awarded a contract by the Defendant with the environment-NN corporation, KM corporation and joint contractors. On November 2012, the Defendant’s share in the first corporation was 49% (=25%) while acquiring 24% shares in the KM corporation from November 2012.
C. The Defendant: (a) subcontracted each of the instant construction works to the Plaintiff (only the representative director D, a specialized construction business company; and (b) the Plaintiff completed all of the instant construction works around August 2013.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 6, Eul evidence 1 through 4 (including each number; hereinafter the same shall apply), the testimony of the first instance court and the first instance court witness C, and the purport of the whole pleadings
2. Determination:
A. As to the Plaintiff’s contractual claim, 1) The parties’ assertion as to the payment method of each construction of this case. ① The Plaintiff asserted that 70% of the profit of each construction of this case between the Defendant and the Plaintiff agreed to divide the remainder of 30% into the Defendant.
② As to this, the Defendant shall pay to the Plaintiff an amount equivalent to 80% of the amount calculated by subtracting taxes, insurance premiums, etc. from the construction cost to be paid by the Defendant.