1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.

The first instance court affirmed the confirmation of the existence of the obligation for the construction price to the defendant company, and dismissed the claim for payment of money.

Since the plaintiff appealed only to the company, the part of confirmation of the existence of the obligation for the construction price against the defendant company is excluded from the scope of the adjudication of this court.

The plaintiff company is the principal contractor of the Da-Ground D Corporation and one parcel (hereinafter referred to as the "new construction of this case") that is ordered by the Cheongnam-gun Office of Merit.

The defendant company is a company whose purpose is soil construction business, reinforced concrete construction business, etc.

Plaintiff

On July 11, 2014, the Plaintiff Company entered into a subcontract agreement between the Defendant Company and the Defendant Company with the terms and conditions that the construction of reinforced concrete, civil engineering and supplementary civil engineering works among the instant new construction works, each of the period from July 11, 2014 to November 7, 2014, shall be determined as KRW 261,40,000 for reinforced concrete construction works, civil engineering works, KRW 159,80,000 for civil engineering works, and KRW 44,70,000 for supplementary civil works ( separate value-added tax), and entered into a subcontract agreement between the Defendant Company and the Defendant Company (hereinafter “instant contract”).

Plaintiff

On September 26, 2014, the Company entered into a contract between the Defendant Company and KRW 140,000,000 for the cost of civil engineering works in the instant contract, and KRW 240,000,00 for the cost of reinforced concrete construction works (excluding each value-added tax), and each construction period was changed by December 22, 2014.

Plaintiff

On July 14, 2014, the Defendant Company paid KRW 56,540,00,00 for the completion payment under the instant contract, respectively, to the Defendant Company, KRW 77,00,00 on October 15, 2014, and KRW 56,540,00 on November 30, 2014.

Plaintiff

On December 2014, there was a dispute between the Plaintiff Company and the Defendant Company regarding the claim for the origin of each of the instant construction works.

Plaintiff

On January 14, 2015, the company and the defendant company share the total amount of each of the instant construction works.