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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On May 30, 201, the Plaintiff received payment of KRW 436,473,00 for the construction cost from the application of the Korea Post to Busan Post (hereinafter “instant construction”) from the Ministry of Knowledge Economy, with the construction period fixed from June 2, 201 to October 29, 201, and the construction cost of KRW 436,473,00.
B. On June 16, 2011, the Plaintiff and the Defendant (the Plaintiff and the Defendant were “D”) drafted a subcontract agreement with respect to reinforced concrete construction among the instant construction works, the construction period of which was KRW 56,390,000 (hereinafter “instant contract”) from June 20, 201 to July 19, 201. The construction period under the said contract was extended to October 29, 201 thereafter.
C. From July 21, 201 to September 8, 2011, the Plaintiff paid KRW 90,200,000,000 as in the column for “amount” to the following persons, including E (hereinafter “E, etc.”).
GH on August 4, 2011, 200,000 KRW 5,50,000 on July 21, 2011, GH on August 10, 201, 201, KRW 1,000,00 K L L on August 4, 201, August 4, 2011, KRW 1,000,000 MN on August 4, 4, 201, KRW 7,750,00 PP on August 4, 201, KRW 2755,00 QR on August 10, 201, including each of the cases where there is no evidence Nos. 2750,00 UV 20,50 on September 8, 2011 (the grounds for each of the cases where there is no evidence No. 1650,91)
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff subcontracted all of the instant construction works to the Defendant at 85% of the original construction cost, which is prohibited under relevant Acts and subordinate statutes, and thus, the instant contract is written only with respect to reinforced concrete construction works among the instant construction works and other construction works (hereinafter “the instant other construction works”), and the Plaintiff entered into a contract with each other, including E, to pay the construction cost directly to the individual workers. The Defendant’s head of the office and the head of the office office at the site (hereinafter “B”) from July 201 to September 201.