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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. 1) The Defendant entered into a contract and a subcontract around 2012 with respect to the construction of a new construction project for “afluent apartment complex” on the land of Daegu-dong, Nam-dong, Daegu-dong and 146 parcels (hereinafter “the new construction project of this case”).
(2) On February 18, 2013, the Defendant entered into a subcontract (hereinafter referred to as the “instant subcontract”) with a large construction company (hereinafter referred to as “large Construction”) on the condition that the contract amount of KRW 1,684,836,30 (including KRW 535,903,110, value-added tax, value-added tax 72,836,30, and KRW 72,836,300 for the construction period) of the instant new construction project, between February 18, 2012 and July 30, 2014, the payment rate for warranty shall be 5% of the contract amount.
B. The Plaintiff’s supply of each of the instant goods to the Defendant, 1) The Plaintiff Hansung case, which is engaged in the sales business of building materials in Kimpo-si, Kimpo-si, was required from the Construction of Scam on October 2013 to supply apartment-type CARIERs, saw-type 201, and Mcambs. Around that time, the Plaintiff manufactured and supplied goods related to the interior works of this case in total amounting to KRW 57,943,513 (including value-added tax) to Scam construction from March 4, 2014. (2) The Plaintiff Yoon Jong-si industry, which is engaged in the manufacture and sales business of synthetic timber in the Orpo-si, around September 2013, demanded supply of goods, such as P.V.C. gamblings, crowdfunding, cambling, etc. from the Construction of Scam to April 2014.
C. On April 16, 2014, the Plaintiff Hansung case is a direct payment claim against the Defendant. Article 35 (1) and (2) of the Framework Act on the Construction Industry (1) of the Framework Act on the Construction Industry (1) of the Framework Act on the Construction Industry, the ordering person directly pays a subcontract price to the Defendant, in any of the following cases: