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1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
Reasons
1. Judgment on the plaintiff's claim
A. A) On May 7, 2015, the Defendant was awarded a contract for the repair work of the principal office building in the D B Middle School located in the Cheongju-si Office of Education of Chungcheongnam-do (competent District Office of Education of Cheongnam-do) with the Defendant around May 7, 2015.
On the other hand, the defendant ordered the above construction work to Co-Defendant A Limited Liability Company A (hereinafter "A"), etc. of the first instance trial, but it was prohibited from subcontracting the above construction work, which is a government-funded construction work, and therefore, the defendant externally made C, the actual operator of A, as the defendant's agent at the construction site.
B) The Plaintiff and the Defendant, via C around August 2015, deemed the part of the glass construction during the said construction (hereinafter “instant construction”).
With respect to the following contents: The construction cost is KRW 52,80,000 (including value-added tax): The construction period from August 26, 2015 to September 2015: (a) the Plaintiff completed the instant construction before September 2015, but was not paid the instant construction cost; (b) A on November 4, 2015, stating that “The Plaintiff shall be liable for the payment of the construction cost at the time of payment without payment within 15 days after completion of the construction in the East-Tech (State), but the Plaintiff’s payment guarantee on the Plaintiff’s obligations for the payment of the construction cost in the name of the Plaintiff (including KRW 52,80,00,00) was stated in the 16th subcontract agreement, and the Plaintiff’s payment guarantee was stated in the 16th subcontract agreement in the 2016th subcontract agreement (hereinafter referred to as “Defendant’s payment guarantee on the Plaintiff”). After which the Plaintiff’s payment guarantee was stated in the 16th subcontract agreement.