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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. On July 20, 2005, the Plaintiff: (a) received orders from the Defendant on July 20, 2005 from the Defendant to perform the construction work by receiving “the construction work for the construction and packing of the building and packing of the building and packing of the building and packing of the building and packing of the building and driving of the building and driving of the building and driving of the building and driving of the building and driving of the building and driving of the building; and (b) received orders from the Defendant.
The Defendant subcontracted the tunnel construction among the prime contractor construction (hereinafter “the instant tunnel construction”) to the Jeju Construction Co., Ltd. (hereinafter “Guang Construction”), and the Korea Land Corporation (hereinafter “Guang Construction Co., Ltd.”). Before construction, the said companies renounced all of the construction, and the said companies given up the said tunnel construction from April 1, 2008 to the Plaintiff, from May 4, 2008, to resume the said tunnel construction, soil cutting and soil piling construction (hereinafter “the instant earth construction”). On August 14, 2008, the Plaintiff entered into a subcontract agreement (the contract amount, time limit, etc. after alteration) as indicated in the table.
The payment of construction cost (including value-added tax) due date of the instant construction work shall be based on the contents within 15 days from the date of receiving the payment from the order office on February 6, 2010. The payment period shall be based on the terms and conditions once a month, the payment period of the order and the time of change in the terms and conditions. The said soil construction work includes soil transport work in the said soil construction work (pit part) which the Defendant subcontracted to the construction work on February 6, 2010, which was subcontracted to the Plaintiff on February 6, 2010; however, the Defendant subcontracted only the said soil cutting and soil storage work (pit part) to the Plaintiff, without subcontracting to the Plaintiff, and the remaining soil transport work was conducted under the direct control of the Plaintiff with the cooperation of the Plaintiff.
The defendant was enforced directly by the defendant.