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1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.
2.(a)
Part concerning the counterclaim of the judgment of the first instance.
Reasons
1. Basic facts
A. On March 15, 2010, the Plaintiff, together with a master construction (ju) and a same-sex construction, was awarded a contract by the Busan Regional Land Management Office for the improvement of the 5th line of national highways (hereinafter “instant construction”). On March 15, 2010, the Plaintiff subcontracted the construction cost of the instant construction to the Defendant for the installation of the 54,00,000 Gan beam beamline installation (hereinafter “instant first subcontract construction”) from March 17, 2010 to April 5, 2010.
Meanwhile, at the time of the contract for the 1st subcontracted project of this case, the Plaintiff and the Defendant agreed to include the sn beam beamline in the attached list, which the Defendant added to the construction site upon the execution of the said construction project (hereinafter “the sn beam beam beamline of this case”) in the construction cost as KRW 24,50,000, the Plaintiff used for two years from the completion date of the 1st subcontracted project of this case (hereinafter “the sn beam beam use contract of this case”) and the said construction cost.
B. The Plaintiff paid KRW 565,00 in food supply, KRW 3,500,00 in equipment supply, KRW 1,179,00 in oil supply, KRW 8,570,910 in soil supply, ④ KRW 8,570,910 in soil supply, ⑤ KRW 2,00,00 in household facilities dismantling cost, and KRW 6,160,00 in total, KRW 16,160,00 in household facilities transport cost, and KRW 910 in lieu of the Plaintiff.
다. 원고는 2010. 5. 1. 피고에게 이 사건 공사 중 치핑 및 케미컬앵커 공사(이하 ‘이 사건 제2 하도급공사’라 한다)를 공사대금 203,500,000원, 공사기간 2010. 5. 1.부터 2011. 12. 31.까지로 정하여 하도급하였는데, 피고가 위 공사를 진행하던 중 원고와 피고는 위 공사를 타절하기로 하고 그 때까지 진행된 공사대금을 59,445,100원으로 하기로 합의하였다. 라.
The Plaintiff is obligated to pay the Defendant to the Customer with respect to the 2nd subcontracted project in the instant case. ① 937,000 won on May 2010, ② 3,200,000 equipment on May 201, and ③ 200,000 won on March 2010.