공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 20, 2016, E Co., Ltd. (hereinafter “E”) contracted to the Defendant for construction cost of KRW 2,992,00,000 (including value-added tax; hereinafter the same shall apply) the “F neighborhood living facilities construction work” (hereinafter “the instant construction work”).
E and the Defendant agreed to reduce the construction cost as KRW 2,200,000 on June 15, 2018, and agreed to reduce the construction cost as KRW 2,10,800,000 on September 30, 2018.
B. On April 8, 2017, E awarded a contract for the steel framed Corporation (hereinafter “Iron Corporation”) among the instant construction works to H who runs a construction business under the trade name of “G” (hereinafter “G”) at KRW 578,00,000 for construction cost.
C. Since then H subcontracted part of the steel framed in KRW 192,00,000 to J engaging in construction business under the trade name of “I”.
[Ground of recognition] Facts without dispute, entry in Eul evidence Nos. 1 through 3, 6, 7, 10 through 12, 14, 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. On June 30, 2017, the Plaintiff’s assertion 1) was subcontracted for the steel framed in KRW 167,640,000 from the Defendant. Although the Plaintiff completed the steel framed construction, the Defendant paid only KRW 70,000 out of the construction cost and did not pay the remainder of KRW 97,640,000 to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 97,640,00 and the delay damages therefor. 2) At the request of the Defendant’s assertion that the steel framed works will contract to H among the instant construction works, the Defendant was awarded a contract only for the remainder of the construction works except for the steel framed works.
Since then H subcontracted part of the steel framed to J, and H demanded the Defendant to conclude a subcontract for steel framed with J on the ground that the Defendant satisfies the qualification for performing general construction works.
The J and the Defendant did not receive the contract even though they did not meet the construction qualification required by the relevant laws.