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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Facts of recognition;
A. The Defendant awarded a contract to the Codefendant C Codefendant Co., Ltd. (hereinafter “C”) in the first instance trial for the construction of bath bath located in F (hereinafter “new construction of this case”).
(hereinafter “instant contract”). (b)
C On August 22, 213, the Codefendant B (hereinafter referred to as “B”) awarded a subcontract for the installation work of the said new installation work to the Codefendant B of the first instance trial (hereinafter referred to as “B”).
(hereinafter referred to as “instant subcontract”). C.
B on August 29, 2013, the Plaintiff re-subcontracted the installation work subcontracted by C to the Plaintiff as follows:
(hereinafter “instant re-subcontract”). The period of construction: The contract amount from September 1, 2013 to December 30, 2013: 460 million won (excluding value-added tax): 10%; 2 years; and 3/1,000 in penalty for delay: 3/1,000.
D. On January 29, 2014, the smuggling notified the Defendant of the approval for the use of the said new bath construction.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 7 evidence, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply), the witness H's testimony and the purport of the whole pleadings
2. The Plaintiff’s assertion completed the construction work under the instant sub-subcontract and the additional construction work under the direction of C. However, B did not pay KRW 46 million out of the construction cost under the instant sub-subcontract, and KRW 23,955,000 out of the additional construction cost of KRW 31,955,000, respectively.
The Defendant agreed to pay the Plaintiff KRW 69,955,00,00 (= KRW 23,955,000,000) for the total amount of the construction price due between B and C.
Therefore, the defendant is obligated to pay the plaintiff the above construction cost of KRW 69,955,00 and damages for delay.
3. In light of the following circumstances, the written evidence No. 10 No. 10, the witness K and J’s testimony and overall purport of pleading, which are considered as a whole, are alone written evidence No. 10.