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1. The plaintiff's appeal and the primary claim expanded by this court, and all the preliminary claims added by this court.
Reasons
The reasoning of the judgment of the court of first instance, which cited this case, is the same as the reasoning of the judgment of the court of first instance, except for the submission or addition of the following, thereby citing it as it is by the main sentence of Article 420 of the Civil Procedure Act.
▣ 제1심 판결문 제3면 제6행부터 제15행까지를 아래와 같이 고쳐 쓴다.
2. The parties' assertion
A. The Plaintiff’s assertion 1) is primarily related to the instant steel works. Since the instant construction subcontract agreement is a simple labor contract, the Defendant pays the Plaintiff the remainder of the construction cost after deducting wages from the original construction cost to May 10, 2014 after the completion of the instant steel work from April 1, 2014, the Plaintiff entered into a construction contract with the Defendant for the instant steel work at least KRW 2,193,000,000 for the instant steel work, and the Plaintiff entered into a construction contract with the Defendant on October 24, 2013 at least KRW 1,193,00,000 for the instant steel work, and the construction contract amounting to KRW 74.5% until March 31, 2014, which was bound by the instant construction site at least KRW 30,000,000 for the remainder work at least KRW 300,300,000 for the remainder work at issue, KRW 300,50,301.7.
The Defendant’s payment of KRW 1,414,342,740 (i.e., progress payment of KRW 1,167,852,50, which was already paid by the Defendant on behalf of the Plaintiff, shall be paid KRW 219,857,260,00, which was the remainder of the unpaid performance payment, deducted from labor cost of KRW 246,490,240 on behalf of the Plaintiff).
B. Preliminary claim of the plaintiff is deemed to be in a partnership relationship between the other party's obligation and the other party's obligation if one of the parties' obligation with respect to the overlapping part with the same economic purpose is extinguished due to repayment, etc., and both claims are legal.