1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Basic Facts

The Defendant entered into a contract for the construction of a new E-middle School between the Defendant and the Chungcheongnam-do Office of Education on April 8, 2015, under the agreement between the Chungcheongnam-do Office of Education and the Chungcheongnam-do Office of Education to enter into a contract for the construction of a new E-middle School (hereinafter “instant construction”) jointly with another school company and Space Construction Co., Ltd. to the period from April 15, 2015 to July 7, 2016, by entering into a contract with the Daejeon District Public Procurement Service (hereinafter “Defendant, etc.”).

The Defendant was a representative co-contractor with 50% of the construction ratio in relation to the instant construction work. Space Construction Co., Ltd. conducted construction work as a joint contractor with 20% of the shares ratio in male Co., Ltd. and 30% of the shares in male Co., Ltd. as a joint contractor, and the Defendant appointed as F in relation to the instant construction site and required to conduct field management work.

On June 2015, the Defendant, etc. entered into a subcontract agreement between the Defendant, etc. and the former, the former, Myun (hereinafter referred to as the “former, Myun (Kyun) Construction Co., Ltd. and the Dong Forest Construction Co., Ltd. (hereinafter referred to as the “Dong forest Construction”) entered into a subcontract agreement with each of the following agreements during the instant construction period from June 22, 2015 to July 7, 2016: (a) construction price for reinforced concrete construction during the instant construction period; and (b) construction period.

From June 22, 2015, the construction of the Gu Myun and the Do forest was suspended on April 2016 while carrying out the construction of reinforced concrete at the construction site of this case.

Meanwhile, from July 20, 2015 to April 8, 2016, the construction cost for reinforced concrete projects subcontracted by the Defendant or the office of education of Chungcheongnam-do, the ordering authority, was paid in total of KRW 2,447,90,000.

The plaintiff is engaged in the construction of steel products and civil engineering materials sales business with the trade name B.