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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in wholesale and retail business of construction materials, and the Defendant is a company that manufactures and sells general machinery, carries on construction business, etc.
B. C Co., Ltd. (hereinafter “C”) was awarded a contract for construction works of D and E, F F Power Plants (hereinafter “G power plant”), H, I (hereinafter “J power plant”) from the Korea Southern Power Plant Co., Ltd., and K Fire Power Plant from the STX Heavy Industries Co., Ltd. (hereinafter “K power plant”), and the said “G power plant, J power plant, and K Power plant” collectively called the “G power plant, J power plant, and each plant of this case”).
C. C subcontracted the construction of HVAC system equipment (hereinafter “instant construction”) among the instant plant construction works in each of the instant power plants (hereinafter “instant construction”), but waived the subcontracting construction work in the United Nations subcontracted to the United Nations Co., Ltd. (hereinafter “HVC equipment”).
C decided on August 29, 2014, that the Defendant succeeded to the U.S. C’s U.C system equipment installation works, etc. (excluding value-added tax) and subcontracted to the Defendant by setting the construction cost of KRW 2,909,400,00 (excluding value-added tax) and the construction period from August 13, 2014 to January 31, 2016.
(hereinafter “instant subcontract”). D.
From L to November 2014, to December 2012, 2014, the Plaintiff supplied hot spring materials, etc. equivalent to KRW 57,411,288 in total at the construction site of each of the instant power plants from November 2014 to December 2014, upon receiving a request from L to “the Plaintiff would sell hot spring materials, etc. at the construction site of each of the instant power plants after the close of each of the instant power plants at the end of 45 days (hereinafter “instant supply contract”).
The sum of the value-added taxes on the site on the date of supply (won) on November 2014, 201, G 11,586,00 1,158,600 12,744,600 K 1,102,100 110,200 1,212,212, 200 J 5,923,000 592,300 6,515,300 6,515,300 July 12, 2014, G 12,594,010 13,259,413,869,6301,6301,96,96321,86,593, J. 17, 1401, 174, 184, 2584, 208