1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. Facts of premise;

A. The contract progress of the "Gtop Construction Project" ordered by the Sinsan-gun, the original contractor C (F, the supply of and demand for the part of the facility construction project) Defendant C (E, the propellor, and the supply of and demand for water intake facilities).

B. Defendant B, among the above promotional tool and the water intake structure, subcontracted the construction cost of KRW 5,00,000 to the Plaintiff at KRW 55,000 (including value-added tax), and the Plaintiff completed the construction work on January 9, 2014.

C. Defendant C received the construction cost from Defendant B, following the confirmation by Defendant B, paid the Plaintiff a total of KRW 25,000,000 in the name of the key construction cost, and KRW 25,000,000 in the name of the key construction cost, on February 19, 2014.

Defendant C promised payment through husband I to the Plaintiff seeking a direct payment of the remainder of the construction cost. Meanwhile, on March 25, 2014, the Plaintiff issued a tax invoice of KRW 55,000,000 (including value-added tax) to the Plaintiff who was supplied with Defendant C.

E. Around March 31, 2014, the Defendants settled that Defendant C paid the key construction cost of KRW 250,000,000 as well as the key construction cost, and Defendant B also reflected this and issued an electronic tax invoice, which constitutes supply price of KRW 56,161,890, to Defendant C.

[Ground for Recognition] Facts without dispute, Gap 1-4 evidence (including more than one number), Eul 18,22 evidence, the purport of the whole pleadings

2. Determination

A. According to the premise of determination as to the cause of the claim, Defendant B is a contractor of the key construction work, and Defendant C is obligated to pay at least 30,000,000 won of the outstanding construction cost (=5,000,000 already paid - 25,000,000 won) and damages for delay, which the Plaintiff seeks jointly with the Plaintiff as a contractor of the key construction work, as a contractor of the key construction work.

B. As to the determination of Defendant B’s assertion, Defendant B is limited to the new industry or Defendant C at the time of the key construction contract.