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1. Of the judgment of the court of first instance, the part concerning Defendant B is modified as follows. A.
Defendant B, Inc.
Reasons
1. Basic facts
A. On February 1, 2017, Defendant C entered into a contract for construction works with Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the contract amount of KRW 1,100,000,000 (including value-added tax) and the construction period from February 15, 2017 to August 10, 2017.
B. On February 15, 2017, Defendant Company entered into a subcontract with F Co., Ltd. (hereinafter “F”) by setting the contract amount as KRW 240,000 (excluding value-added tax) with respect to civil engineering works among the new construction works in the instant case.
C. On April 14, 2017, the Plaintiff and the instant new construction works (hereinafter “the instant new construction works”) concluded a subcontract with respect to the amount of KRW 176,00,000 (excluding value-added tax) and the period of construction from May 1, 2017 to June 15, 2017 (i.e., from June 20, 2017 to September 20, 2017).
Defendant C obtained approval for the use of the new building of this case on March 27, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 8, Eul evidence 1 and 2, the purport of the whole pleadings
2. Scope of adjudication of this court;
A. On September 2017, the Plaintiff sought payment of KRW 48,070,00 from the above retaining wall construction cost to the Defendant Company on the ground that the Defendant Company requested the Plaintiff to perform the retaining wall construction work during the instant new construction work and completed it. In preparation for the case where the Defendant C, the owner of the above construction, agreed to pay the above retaining wall construction cost to the Plaintiff on behalf of the Defendant Company, as alleged by the Defendant Company, the Plaintiff sought payment of KRW 48,070,000 from the above retaining wall construction cost to the Defendant Company.
The first instance court is obligated to pay the Plaintiff the cost of retaining wall construction as the Defendant Company subcontracted the retaining wall construction to the Plaintiff among the new construction works of this case that the Defendant Company was contracted by Defendant C, and the Defendant C is above.