Text
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 26, 2011, the Defendant subcontracted the instant construction work to G Co., Ltd. (hereinafter “G”) by setting the construction cost of KRW 1,270,000,000 and the construction period of KRW 190 to the Seongbuk-gu Seoul Metropolitan Government Urban Residential Housing Construction Corporation (hereinafter “instant construction”) within the scope of 1,270,000,000, and the G subcontracted the instant construction work to the multiple comprehensive construction companies (hereinafter “the instant construction”).
B. On May 10, 2012, Suwon case determined metal and glass construction work, such as new Si, etc., among the instant construction work, as the construction cost of KRW 44,60,00 (excluding value-added tax) to Plaintiff A, and determined as the construction cost of KRW 48,00,000 (excluding value-added tax) to Plaintiff B, the boiler and toilet construction work shall be determined as the construction cost of KRW 12,00,000 (excluding value-added tax) to Plaintiff C, and the elevator construction work shall be determined as the construction cost of KRW 12,00,000 (excluding value-added tax) to Plaintiff C, a stock company, the representative director of which Plaintiff D’s wife is the Plaintiff’s L (hereinafter “M”), each of which was supplied with building materials from the Plaintiff.
C. During the construction of the instant case, the number of subcontractors, including the Plaintiffs, were in default on July 2012 while performing the construction of the instant case, and their subcontractors, including the Plaintiffs, suspended the instant construction.
On November 27, 2012, the Defendant: I, the representative of G, and subcontractors, including the Plaintiffs, are responsible for the construction cost; thus, the instant construction work was completed in the presence of the subcontractors, including the Plaintiffs, and the subcontractors, including the Plaintiffs, resumed the instant construction work and completed the instant construction work around February 22, 2013.
E. The construction cost or price for goods not paid in relation to the instant construction project is KRW 35,472,90 for Plaintiff A, KRW 34,950,00 for Plaintiff B, KRW 8,400,00 for Plaintiff C, KRW 6,000 for M, and KRW 6,712,60 for Plaintiff E.
[Ground of recognition] Gap evidence Nos. 1 through 11, 17 through 20 (Evidence Nos. 17 through 20 is recognized as having been filed by the defendant as a site or by the purport of the entire pleadings).