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1. Revocation of the first instance judgment and dismissal of the Plaintiff’s lawsuit.
2. The defendant is limited to KRW 104,236,051 for the intervenor succeeding to the plaintiff.
Reasons
1. The following facts of recognition do not conflict between the parties, or are recognized by Gap's entries in the evidence Nos. 1 to 8, A, or 1, 2, Eul's evidence No. 14, 17, 21, and 35 (including the branch numbers where no special indication is made; hereinafter the same shall apply) and the overall purport of video and pleading, and there is no counter-proof.
In 2013, the Defendant: (a) performed the construction work by leaving the construction business operator to newly construct the pentine of four stories above ground (referring to an aggregate building consisting of eight sections, including 101, 102, 201, 202, 201, 301, 302, 401, and 402; (b) but (c) continued the construction work at the construction business operator around October 2013 (the father of the Defendant for the person who actually carried out the construction and entered into the relevant contract).
B. On April 2014, the Defendant entered into a contract with the Plaintiff on the condition that the Plaintiff will succeed to and complete the remaining construction works of the pentan Construction Work (hereinafter “instant construction”) with the amount of construction KRW 50,000,000.
C. On May 28, 2014, the name of the owner of Cpenta Corporation changed to E (Defendant’s words). Accordingly, on June 20, 2014, the Plaintiff agreed with Defendant and E to succeed to the instant construction contract.
On June 21, 2014, the Defendant drafted a written contract between the Plaintiff and the Plaintiff to complete the instant construction work as follows:
Contract Agreement (Evidence A 2)
1. The name of the construction project: D remains-built construction works;
2. The place of construction: Gyeong-si, Gyeongbuk-do.
3. Date of commencement: The scheduled date of completion on June 21, 2014: The contract amount on September 5, 2014: 50,000,000 won (AT Map) for the contract amount on September 5, 2014: June 21, 2014: The contractor for the work under a special contract entered into by the Plaintiff: the scope of the construction works under the special contract entered into by the Plaintiff: the construction completion of the responsibility (the terms and conditions of the final confirmation of the owner).
1.On the basis of the terms of this Agreement.