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1. Of the judgment of the court of first instance, the part against Defendant C, including the selective claim added by this court.
Reasons
1. Facts of recognition;
A. Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) who actually operates the Defendant Co., Ltd. with the husband of J.
B. On April 27, 2012, Defendant Company received a supply of and demand for factory expansion works from D Co., Ltd. in Yongcheon-si E.
C. On May 24, 2012, the Defendant Company subcontracted steel framed construction among the above factory extension works to G jointly operated by the Plaintiff and F (i.e., the Plaintiff and F entered into the said subcontract under the name of H Company I), and (ii) around August 2012, the Defendant Company further subcontracted the panel, window-ho, scambling, screen-building, and stairs construction among the above factory extension works (hereinafter “instant construction”). G completed the instant construction around August 2012, and around September 2012, G completed the instant construction.
After the Defendant Company paid only the steel framed construction cost to G, the Defendant Company paid only the remainder of the construction cost, and paid only KRW 30 million from November 28, 2012 to November 29, 2012.
E. On October 11, 2013, the Plaintiff asserted that the Defendant Company sought payment of KRW 8,6270,000,000,000, which was already paid at KRW 11,6270,000, from the instant construction cost, and filed a lawsuit claiming construction cost ( Daegu District Court Decision 2013Da818720, hereinafter “previous lawsuit”).
F. In the previous litigation, on May 24, 2012, the Defendant Company and H Company I entered “D Extension Works in Yongcheon-si E” as stated in the standard subcontract form for construction works for steel framed in the name of the Defendant Company and H Company I (hereinafter “instant contract”). The Defendant Company’s legal representative arbitrarily added the phrase “(s)” to “D Expansion Works in Youngcheon-si E” and paid the construction cost to H Company I for KRW 93.5 million and the construction cost.