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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Determination as to the claim for construction price
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion from the Defendant: (a) the electrical construction of housing located in time of war, and (b) the electrical construction of “D Councilor” located under the Prijun C (hereinafter collectively referred to as “each construction of this case”).
(2) The Defendant is obligated to pay the remainder of the construction cost to the Plaintiff, as the remainder of the construction cost is KRW 15 million, out of the total construction cost of KRW 28,717,238, and the remainder of the construction cost is not paid. The Defendant’s assertion that the Plaintiff paid the remainder of the construction cost of KRW 13,717,238 and the delay damages therefor.
The contractor of each of the instant construction works is Nonparty G (referring to this title H; hereinafter referred to as “G”) who operates interior fishery with the trade name of “F,” using the name of “F,” and the Defendant only introduced the Plaintiff, an electrical construction business operator, to G, and only performed the duties of managing the construction site as the site leader employed by the Defendant also to G.
B. Determination 1) We examine: (a) the Plaintiff was awarded a subcontract for the electrical construction of housing located in Sungsung-gu, Seoul on August 21, 2012 to KRW 1790,000 for the construction cost (excluding value-added tax); (b) the Plaintiff was awarded a subcontract for construction of KRW 25,927,580 for the total construction cost of 2,3,4th class electrical construction, fire fighting construction, ventilation construction, and ventilation construction from among the interior works of "D Council members" located in Song-gu, Pakistan-si (excluding value-added tax); or (c) there is no dispute between the parties, or there is only the remainder other than the part on which the Defendant’s name was written.
(1) Each of the statements of the first instance trial appraiser I (as a result of the appraisal by the appraiser I of the first instance trial, it is recognized that the defendant's name of Nos. 2 and 3 is not by the defendant's written estimate, but by the defendant's written estimate, the subject of the written estimate is the plaintiff who has been awarded a subcontract for electrical construction. Therefore, the defendant directly