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The judgment of the first instance court is modified as follows. A.
The defendant shall pay to the plaintiff KRW 219,684,596 and KRW 184,684,596 among them.
Reasons
1. Basic facts
A. The defendant is a company established for the purpose of the environmental test facility business, etc., and the plaintiff is a company established for the purpose of piping and cline construction business.
B. The First Corporation 1) H Co., Ltd. (former Co., Ltd.; hereinafter “H”)
D) On June 21, 2016, Co., Ltd. (hereinafter “D”).
(2) On May 25, 2017, the Plaintiff entered into a contract for D factory extension works in Ansan-si E, and the Defendant entered into a subcontract for D factory removal works for the said expansion works with H on the cost of construction 781,000,000 (including value-added tax), and on June 25, 2017, the Plaintiff entered into the contract with the Plaintiff on June 25, 2017 (hereinafter “instant First Corporation”).
(2) The Plaintiff and the Defendant concluded a sub-subcontract as above and agreed to submit a warranty bond (10% of the construction price and two years) to the Defendant until the Plaintiff is paid the remainder amount. The Plaintiff and the Defendant agreed to submit a warranty bond (10% of the construction price and two years) to the Defendant until the Plaintiff is paid the remainder amount.
3 The Plaintiff completed the instant construction work, and was paid all the construction cost, excluding KRW 35,00,000,000, by the Defendant.
C. The Second Corporation
1. Name of the Corporation: D Corporation;
2. Period: From July 2017 to November 201, 2017.
3. Construction cost: 196,757,000 won (including value-added tax).
4. Contract agency: The defendant;
5. Demand and supply business entity: Plaintiff 1) while carrying out the instant 1 construction project, the Plaintiff (hereinafter referred to as “instant 2 construction project”).
[] Around June 2018, the Defendant’s former site manager F prepared and sent to the Plaintiff a written confirmation of the following construction facts with respect to the instant Second Construction Work (Additional Construction Work). 2) Furthermore, D Vice-President G (hereinafter “G”) also raises objection to the Plaintiff on April 11, 2018.