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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.
Reasons
Facts of recognition
On December 15, 2014, the Plaintiff entered into a construction contract with Defendant FF Co., Ltd. (hereinafter “Defendant F”) to accept a subcontract for the design waterproof and sunlighting construction work (hereinafter “instant construction work”) from Jinhae-gu Down-si Corporation (hereinafter “Defendant F”) for KRW 75,00,000,000, among the construction works for the design of Jinhae-si (hereinafter “instant construction work”), and among them, there is no addition to the subcontract amount as a special agreement, unless the design documents are modified.
‘The contents' include contents.
Defendant F’s manager E, the contractor of the instant construction, is the Defendant B, the contractor of the instant construction, and the Defendant B, the contractor of the instant construction.
The defendant B, while holding the name of the representative director of the defendant B, was the representative director of the defendant B, and was instructed and supervised the instant construction, and the defendant B knew of such circumstances.
On February 2, 2015, the Plaintiff, who was in the process of the instant stone work, managed the construction site of the instant construction work, was “the stone construction works” between E and E., who was in charge of the instant construction site.
35,000,000 won was additionally subcontracted to the Defendants. The Plaintiff received from the Defendants a total of KRW 84,550,000 from the price of the instant sculpture and stone construction. Upon completion of the instant construction, the Plaintiff obtained approval for the use from the competent authority, which was called, the Jinhae-gu Down-si, Changwon-si. Do. The Plaintiff did not dispute over the ground for recognition. The entries in the evidence Nos. 1, 2, 5 through 7, 9, 10, 12, and 13 (including serial numbers; hereinafter the same shall apply).
According to the above fact-finding on the assertion of the cost of construction work unpaid as to the cause of the claim in the whole pleadings, Defendant B is jointly and severally liable with Defendant F, the contracting party, for the payment of the cost of construction work and stone construction work in this case, as the actual subcontractor of the instant shipbuilding and stone construction work, instructed and supervised the Plaintiff and managed the construction site.
Therefore, the Defendants jointly and severally do so to the Plaintiff.