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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.
Reasons
1. Facts of recognition;
A. The relationship between the parties and the conclusion of the instant construction contract: (i) the Plaintiff is a business entity that mainly engages in steel and concrete construction business in the name of “I; and (ii) the Defendant is a company that mainly engages in facility maintenance business and reinforced concrete construction business; (iii) the F Co., Ltd. (hereinafter “F”) entered into a contract with D on April 14, 2016 with the owner of the building for construction of new “G building” in Busan Metropolitan City, the contract for the construction of new construction of the “G building” in Busan Metropolitan City, as to the contract amount of KRW 4,235,00,000 (including value-added tax) and the construction period from April 22, 2016 to October 31, 2016.
On May 30, 2016, F subcontracted to the Defendant the entire construction of reinforced concrete (including value-added tax) among the construction of the said G building with the contract amount of KRW 660,000,000 (including value-added tax) and the construction period from May 29, 2016 to September 30, 2016 (F and the Defendant are both companies substantially operated by E and their representative director are the same as E). The Defendant further subcontracted to the Plaintiff all of the said construction of reinforced concrete (hereinafter referred to as “the instant construction work,” subcontract,” and its main contents are as follows.
3-1. Period of subcontract: 580,000,000 won (excluding surcharges) for the contract on September 30, 2016 after the commencement of construction on May 30, 2016;
5. Advance payments: 50,000,000 won (excluding surtax).
6. The payment period for the completed portion 6-1. 6-2. 6-2. 6-2. 6-3. 16,000,000 won when the 126,000,000 won when the 126,000,000 won when the 126,000,000 won when the 6-4. 126,000,000 won when the 6-5. 48,000 non-scale decommissioning is completed when the 126,00,000 won when the 126-5.
B. The Plaintiff’s progress of the instant construction contract between the Plaintiff and the Defendant was conducted. As to this, the Defendant paid the Plaintiff KRW 416,000,000 in total as the construction cost until November 28, 2016. (2) After that, the Defendant failed to pay the Plaintiff the construction cost, and the Plaintiff was received “the Plaintiff on January 11, 2016.”