공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an individual entrepreneur engaged in a building business under the trade name of “G,” and the Defendant is a corporation established for the purpose of wood, steging, wholesale and retail business of construction materials.
B. On January 22, 2013, the Defendant was awarded a subcontract for the multi-family house termination work on the ground, other than the Cheongju-gu Seoul and one parcel of land (hereinafter referred to as “instant house,” and the said construction work “instant construction work”) with the construction cost of KRW 681 million (excluding value-added tax), the construction period of May 30, 2013; the rate of liquidated damages for delay 3/1,000; and one year after the completion of the defect liability period, respectively.
(hereinafter referred to as “instant subcontract”). (c)
On March 1, 2013, the Plaintiff received re-subcontracts for the instant construction work from the Defendant. The main contents are as follows.
(hereinafter “instant sub-subcontract”). Standard subcontract agreement for private construction works
1. Name of construction: New construction works for multi-family house C (454 square meters);
3. The start date: The scheduled completion date of December 4, 2012: The contract amount on May 30, 2013: 590 million won (excluding value-added tax).
6. Contract deposit: 50 million won (Provided, That after paying a KRW 30 million on March 6, 2013, an additional KRW 20 million on deposit to the defendant after making a loan after making a contract deposit to the defendant after making a contract deposit).
8. Late portion: 10. Liability for defect repair once in March: the defect repair rate (3%) and the defect repair period (1 year after the completion of works) 11. 3/1,000 per day.
D. On April 1, 2013, Defendant E prepared a letter stating that “The Defendant shall pay the instant construction cost of KRW 50 million up to April 12, 2013, and KRW 150 million up to April 30, 2013 after the settlement of accounts” (hereinafter “each letter of this case”) and delivered it to the Defendant.
E. Around April 2013, the Plaintiff discontinued the instant construction work. The Defendant paid to the Plaintiff the instant construction cost of KRW 30 million on March 6, 2013, KRW 8.5 million on the 29th day of the same month, and KRW 10 million on April 1, 2013.