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1. The plaintiff's claim against the primary defendant is dismissed.
2. Preliminary Defendant KRW 165,955,174 and the Plaintiff.
Reasons
1. Basic facts
A. (1) Around May 2013, the primary Defendant awarded a contract to the Defendant for a new warehouse construction project to be constructed in the wife population B. Preliminary Defendant on July 16, 2013 (hereinafter “instant construction”) among the instant construction works to the Plaintiff on July 16, 2013.
(2) The parts relating to the instant case in the subcontract concluded between the conjunctive Defendant and the Plaintiff regarding the instant construction are as follows.
Contract
4. Period: From July 17, 2013 to October 17, 2013;
5. Contract amount: 588,500,000 won (including value-added tax); and
6. Payment of the price; and
Terms and conditions of the direct payment by the principal contractor of the completed portion 11. Specialized 0.3% per day per annum of the liquidated damages for delay
3. Settlement of accounts for actual execution when adjusting one quantity of special time room;
B. The Plaintiff completed the instant construction before December 25, 2013.
C. The construction cost in the instant case requires construction cost of KRW 702,531,959 total construction cost, KRW 815,364,924,924, total construction cost of KRW 815,364,924,924,612, 741,240,843,843,843,666, value-added 104,124,081, total construction cost of KRW 702,531,959, total construction cost of KRW 815,364,9241 as shown below (the details of self-employed construction cost are as shown in the separate sheet of construction cost).
(2) The conjunctive Defendant paid the Plaintiff KRW 588,500,000 as the contract price of the instant case.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply), appraiser C's appraisal result, inquiry and reply to appraiser C, the purport of the whole pleadings
2. The plaintiff's primary defendant lent the name of the conjunctive defendant to the plaintiff and entered into the construction contract of this case. The contract of this case set the construction cost according to the actual input quantity.