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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. "4." in paragraph (1) of the text of the judgment of the court of first instance;
Reasons
1. Basic facts
A. The plaintiff is a business operator who is engaged in the manufacturing and construction business under the trade name B, and the defendant is a company engaged in ground winding, building assembly business, engineering work business, engineering work business and incidental work business, etc.
B. From July 2012 to September 201, the Plaintiff received re-subcontracts from the Defendant each of the panel’s remunerations at C, D 1, 2, E, F, and G repair sites (hereinafter collectively “each of the instant construction”).
Serial D 1 C 1 C 1,355,500 2D 1st 680,000 301,500 4 E 1,103,000 5 F 262,50 G repair sites 450,000 6 G repair sites 4,152,500
C. Construction costs which the Plaintiff did not receive from the Defendant in relation to each of the instant construction works are as follows:
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 4,152,500, and damages for delay calculated at the rate of 15% per annum from January 19, 2016 to the date of delivery of the original copy of the instant payment order, as sought by the Plaintiff, on the records, from January 19, 2016 to the date of full payment.
B. As to this, the Defendant, as well as each of the instant construction works, ordered the Plaintiff to re-subcontract the panel construction work among the H Asan Factory Extension Works. The Defendant paid the Plaintiff the amount of KRW 4,720,00 on August 6, 2012, KRW 16,500,000 on September 15, 2012, KRW 4,400,000 on September 15, 2012, and KRW 22,000,000 on September 28, 2012, respectively, and the Plaintiff’s payment, including each of the instant construction costs, was confirmed to be KRW 4,720,05 on the basis of the final and conclusive judgment, and thus, the Plaintiff cannot accept the Plaintiff’s claim.