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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are companies aimed at civil engineering work business, etc.
B. On June 21, 2016, C and the Defendant Co., Ltd.: (a) set the construction period from June 21, 2016 to September 2017, 201; (b) the construction cost of construction KRW 6,300,000 (excluding value-added tax) in the construction period for the new construction of the Jongno-gu Seoul E and four lots of ground officetels (hereinafter “instant building”).
C. On August 2, 2016, the Plaintiff’s employees G, F’s representative director H, and I participated in the office of the F Co., Ltd. (hereinafter “F”), the Defendant entered into a subcontract with the Plaintiff on the condition that the Defendant subcontracts the construction period of soil and heating facility construction from August 2, 2016 to January 2, 2017, with the construction cost of KRW 1,100,000 (hereinafter “instant subcontract”). The Defendant’s corporate seal affixed on the said subcontract was found to be different from the Defendant’s corporate seal impression or employees registered with the registry.
I received the name of the defendant's managing director from the defendant for business purposes, and presented it to the plaintiff at the time of concluding the subcontract of this case.
E. On July 25, 2016 and July 26, 2016, according to the instant subcontract, the Plaintiff constructed a construction to dispose of wastes on the instant building site. At its expense, the Plaintiff spent a total of KRW 9,124,000 as indicated below.
Items 5,54,00 (including value-added tax) 2 K equipment rent 110,210,000 (including value-added tax) for 3 L equipment rental fee of 1,210,000 (including value-added tax) 4 daily labor cost of 1,720,000 on-site expenses of 540,000 on-site expenses (including value-added tax) 1,720,000 on-site expenses of 1,720,000 on-site expenses of 540,124,00 [based on recognition] without dispute, each entry in Gap evidence 1 through 4, Eul evidence 1,2, and 5, witness G of the first instance trial, witness of this court, witness of the first instance trial, and the purport of the whole testimony,
2. The parties' assertion
A. The plaintiff 1 is the defendant and the plaintiff 1's subcontract of this case.