1. Of the judgment of the court of first instance, the part concerning the plaintiff's succeeding intervenor is revoked, and the plaintiff's succeeding intervenor's claim.

1. The Defendant appealed only against the Plaintiff’s succeeding Intervenor, but the Plaintiff’s claim corresponding to the succeeding intervention still remains, and this part of the judgment was also reversed.

(Supreme Court Decision 2012Da46170 Decided October 23, 2019). However, the scope of adjudication of this Court is limited to the scope of objection expressed in the purport of the defendant’s appeal.

2. Facts of recognition;

A. On May 27, 2013, the Defendant: (a) contracted for KRW 14,953,69,560 of the final construction cost of the hotel E in Seopopo City from D Co., Ltd.; and (b) awarded a blanket subcontract to the Plaintiff’s successor on November 2013.

B. Upon the request of the Plaintiff’s succeeding intervenor, the Defendant awarded a subcontract for gas facility works among the above construction works to the Plaintiff in KRW 275,732,730 (this is based on the terms and conditions of a blanket subcontract, and the contract name is the Defendant, and all of the responsibilities are the Plaintiff’s succeeding intervenors), and the construction cost not paid to the Plaintiff is KRW 112,04,180.

C. The Plaintiff’s succeeding intervenor completed construction around May 28, 2015, and entered into a compromise agreement with the Defendant to settle the total accrued construction cost, including the construction cost unpaid to the Plaintiff and the Plaintiff at KRW 4,389,09,309, and received all the said money from the Defendant around February 2016.

The Plaintiff filed a lawsuit with the first instance court seeking payment of KRW 112,04,180 for unpaid construction costs against the Defendant, who is a contracting party, as the Plaintiff was unable to receive the construction cost from the Plaintiff’s succeeding Intervenor. The Plaintiff’s succeeding intervenor transferred KRW 88,871,450, out of the unpaid construction cost on November 22, 2018, for which the first instance trial was pending, and subsequently succeeded by the Plaintiff.

[Ground of recognition] Evidence No. 1, Evidence Nos. 1 through 4, Evidence Nos. 1 to 16, and the purport of the whole pleadings

3. Determination

A. According to the facts of recognition, the defendant is obligated to pay 88,871,450 won and damages for delay to the plaintiff succeeding intervenor, except in extenuating circumstances.

B. The defendant.