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Reasons
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(영문) 서울고등법원 2019.05.10 2018나2054294
위탁비용 및 선급금반환 청구의 소
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1. The part concerning Defendant C and D among the part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the Plaintiff (Counterclaim Defendant) is the Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) Busan Metropolitan City is E Co., Ltd. (hereinafter “E”) and E Co., Ltd. (hereinafter “E”).

) On July 4, 2014, E subcontracted “F business (the place of construction: Busan Southern-gu G)” to the Plaintiff on the contract price of KRW 7,972,800,000 (including value-added tax) (hereinafter “instant subcontract”).

(2) The contract amount of the instant subcontract was changed to KRW 8,261,00,00 (including value-added tax; hereafter the same shall apply in this paragraph) on March 24, 2015; KRW 10,078,970,000 on May 26, 2016; and KRW 10,023,200,00 on May 30, 2017.

B. (1) On September 15, 2014, the Plaintiff entered into an entrustment contract with Defendant B with the following: (i) the contract amount of KRW 6,119,30,000 (value of KRW 5,56,300,000 value-added tax of KRW 556,30,000) and the contract term from September 15, 2014 to June 4, 2016; and (ii) the Plaintiff entered into an entrustment contract with Defendant B with each of the following terms: (i) the Plaintiff entered into the entrustment contract with each of the following terms: (ii) the terms of “the terms of the entrustment contract with Defendant B to entrust all on-site management, such as supply and demand of materials related to the installation of machinery and pipes among the above FF projects, labor management, etc.” (Article 1 of the above consignment contract); (iii) the above contract appears to be similar in substance to the terms of the subcontract, or its legal nature does not affect the conclusion of the contract in the instant case.”

[2] Of the instant consignment contract (Evidence A (Evidence A) on the site management of machinery and pipes installed), the main contents of the instant consignment contract are as follows:

“A” is “Plaintiff,” and “Defendant,” respectively.

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