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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The plaintiff is a person engaged in construction business under the trade name of "C", and the defendant is a company engaged in construction business.
B. On April 4, 2016, the Defendant was awarded a contract with the enforcement company D Co., Ltd. (hereinafter “D”) for the new construction of an apartment building on the ground, E and 12 lots (hereinafter “new construction of this case”), and completed the said construction on November 30, 2017.
C. From February 2017 to June 2017, the Plaintiff performed the Civil Works among the instant new construction works (hereinafter “instant civil Works”). Some of them were subcontracted to F Co., Ltd. (hereinafter “F”).
[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 evidence (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s gist of the Plaintiff’s assertion completed the construction work by entering into a subcontract with the Defendant.
However, the Defendant is obligated to pay 15,084,00 won (=3,924,000 won - 18,840,000 won) and damages for delay, on the ground that the Defendant did not pay the remainder of 18,840,000 won (i.e., 33,924,00 won - 18,840,000 won) to the Plaintiff.
B. The Defendant’s assertion that the Defendant did not conclude a subcontract for civil engineering works to the Plaintiff, and the Plaintiff was awarded a contract for civil engineering works from D.
Although the defendant paid part of the construction price in lieu of D to the plaintiff at the request of D, it is not based on the contractual relationship with the plaintiff.
3. Determination
(a) who is the party to the subcontract generally is the party to the contract is the question of the party’s interpretation involved in the contract;
If there is a conflict of opinion on the interpretation of a juristic act between the parties, the contents of the juristic act, the motive and background of the juristic act, the purpose to be achieved by the juristic act, the genuine intention of the parties, etc.