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1.The judgment of the first instance, including a counterclaim claim added at the trial, shall be modified as follows:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for the court’s explanation on this part of the underlying facts is as indicated in the reasoning of the judgment of the first instance, except for the addition of the judgment that “the Plaintiff and the Defendants cannot be deemed otherwise by only the evidence additionally submitted at the trial”, which is the same as that of the judgment of the first instance. Accordingly, it is accepted in accordance with Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. The Plaintiff’s assertion is that the Defendants jointly subcontracted the first construction work and jointly subcontracted it to the Plaintiff. As such, the costs of the first construction work and the amount equivalent to the net and usage fees of the materials not returned by the Defendants, Defendant B subcontracted the second construction work, and Defendant B subcontracted the second construction work, and thus, Defendant B should use the second construction cost and pay the amount equivalent to the net and usage fees of the materials not returned by Defendant B.
(1) The scope of the first construction project: 1,030,030,194, and 15,366,63,260, and 15,663, and 260 won for the cost of using the materials of KRW 15,36,575,666 for the materials of KRW 180,00,00 for the materials of KRW 185,160 based on the appraisal of KRW 189,545,826, and KRW 2: 45,827,938 for the materials of KRW 13,492,185 for the materials of KRW 2,116,50 for the materials of KRW 61,636,628 for the construction cost already paid by the Defendants
B. The reasoning for the court’s explanation on this part of the Plaintiff’s claim for the payment of the construction cost (e.g., payment) is as follows: “The results of the fact inquiry conducted by the Defendants on October 16, 201” in the 15th 5th 15th 201 judgment; “K” in the 12th 12th 16th 200 to “K,” respectively; “K” in the 20th 21th 20 to 21th 21.”