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1. The Plaintiff (Counterclaim Defendant)’s appeal and the Defendant (Counterclaim Plaintiff)’s appeal are dismissed, respectively.
2. The costs of appeal shall be individually counted.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff (around 2010, the trade name was “YD Construction Co., Ltd.,” but the trade name was changed as of April 1, 2013, and as of June 1, 2015, the trade name was changed in order with the trade name as of June 1, 2015) was determined and supplied as 50% of the shares of the Plaintiff and the construction of the Korean Peninsula, jointly with the construction of the Korean Peninsula Co., Ltd. (hereinafter “Korea-do Construction”).
B is composed of H, E, F, I, J, K, G.
B. The Plaintiff was awarded a subcontract for the structure construction work (refinite concrete construction and soil construction) to the Yong-do Construction Co., Ltd. (hereinafter “Yew Construction”), but did not prepare a subcontract for that construction. He did not complete the construction work until December 2010 and waived the remainder of the construction work without finishing the construction work.
C. On February 16, 2011, the Defendant supplied sewage to the part of the non-construction (hereinafter “instant construction”) of the structure B (refinite concrete construction, soil construction) from the Plaintiff, but did not prepare a subcontract agreement thereon.
At the time, the Plaintiff and the Defendant agreed to pay directly to the Plaintiff, the Plaintiff, and the Plaintiff, as well as the Plaintiff, labor cost, material cost, outsourcing cost, oil cost, food expenses, and expenses related to the implementation of the instant construction, and thereafter the Defendant started the instant construction work.
On the other hand, on April 4, 201, the Plaintiff and the Korean Peninsula Construction drafted a subcontract agreement between the identity industry company (hereinafter “new source industry”) and the Dae Construction Co., Ltd. (hereinafter “Large Construction”) on the condition that the subcontracting, E, I, K, G partial construction works, reinforced concrete construction works, soil construction works in B to their identity industries, reinforced concrete construction works in J part among B, and soil construction works to a large building construction, respectively, and that the construction period is extended between the identity industry and the large building construction.