공사대금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added by this court is all dismissed.
3...
Basic Facts
On July 3, 2017, the Defendant, as the representative of C, entered into a contract for construction works with D Co., Ltd. (hereinafter “D”) under which the Defendant entered into a contract with D Co., Ltd. (hereinafter “instant contract for construction works”) on the terms of “the contract amounting to KRW 495,00,000, and the construction period from July 3, 2017 to October 30, 2017” (hereinafter “instant contract for construction works”).
(B) After the commencement of the construction work, the Defendant paid KRW 161,56,800 in total, by means of direct payment to D or direct payment as material cost, etc. from July 14, 2017 to November 2017, which was after the commencement of the construction work.
D continued the instant construction before the deadline for completion ( October 30, 2017), and suspended the construction on November 30, 2017 due to the Defendant’s failure to pay the cost of the work.
Since then, on December 21, 2017, Defendant, D, and construction participants discussed whether to resume the instant construction project. At that place, D expressed the position that D cannot resume the construction project without paying the progress payment of KRW 127,00,000,000, and the Plaintiff notified D of D of the termination of the instant construction contract, stating that “it is impossible to accept the instant advance payment since it was paid in full.”
On the other hand, the Plaintiff, a business operator running construction machinery leasing business from July 2017 to October 31, 2017, leased KRW 64,361,00 of the rent for the instant construction works to D, but did not receive the remainder after receiving KRW 5,00,000 out of the price for the said goods on October 2, 2017.
After December 23, 2017, D transferred KRW 85,000,000 among the instant claim for construction payment against the Defendant of D to the Plaintiff, and notified the Plaintiff of the said assignment of claims on December 25, 2017.
【Ground of recognition” without any dispute, Gap's 7, 8, 14, Eul's 1 through 3, Eul's 5-1 and 2.