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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The scope of the trial of this court requested the payment of the amount claimed against B and the defendant in the first instance trial. The first instance court accepted both the plaintiff's claims against B and dismissed all the plaintiff's claims against the defendant, and only the plaintiff appealed against this, so the scope of the trial of this court is limited to the part of the plaintiff's claims against the defendant.
2. Basic facts
A. The Plaintiff is a corporation that aims at the construction business of equipment and machinery and equipment.
B. On December 16, 2015, the Defendant entered into a contract with the construction cost of KRW 8,530,426,670, and the construction hour from December 16, 2015 to December 27, 2017 (hereinafter “instant contract”).
The instant contract was executed in the form of the next stage construction if the entire stage construction is settled by dividing the number of vehicles in each stage. The part of the instant contract for the first and second stage construction was completed, and the settlement of each completed portion of the construction was completed.
C. On June 13, 2017, while the third number of construction works of the instant construction were underway, B concluded a subcontract construction contract (hereinafter “instant subcontract contract”) with respect to the construction work of machinery and equipment among the third number of construction works of the Plaintiff and the instant construction works, with the construction cost of KRW 411,631,00 (Labor cost of KRW 125,886,17), and the construction period of which until December 27, 2017, and thereafter, commenced construction following the instant subcontract contract around that time.
In the instant subcontract, it stated that the Plaintiff was directly paid the construction price for the portion completed by the Plaintiff from the Defendant who was the ordering person as to the payment method of the construction price.
(Article 6)
D. On the same day, the Defendant agreed to pay the subcontract price directly to the Plaintiff and the Defendant, the subcontractor, who is the subcontractor of the instant construction, directly to the Plaintiff.
(hereinafter referred to as “instant direct payment agreement”). E.