공사대금
Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked, and
1. Basic facts
A. The Defendant was awarded a subcontract for steel reinforced concrete construction from C Co., Ltd. (hereinafter “C”) to E elementary school teachers in Dongdaemun-gu Seoul Metropolitan Government E elementary school teachers in the same roof remodeling and remodeling.
B. On January 201, 2017, the Defendant entered into a sub-subcontract to re-subcontract the construction cost of KRW 35 million (hereinafter “instant construction contract”) with F and the said construction work (hereinafter “instant construction work”).
(c)
From January 11, 2017, F performed the instant construction project. On January 201, 2017, the Plaintiff acquired the status of the Plaintiff under the instant construction contract from F to March 20, 2017, and performed the instant construction project until March 20, 2017, and notified the Defendant of the termination of the contract on the ground that the contract was not paid at the end of the end of the period, and then dismissed the contract at the construction site.
(d)
On the other hand, the Corporation, in relation to the Defendant’s supply of materials and the Plaintiff or F’s input of a worker for daily work. In relation to the labor cost for a worker for daily work, the Defendant prepared a statement of payment of daily work cost based on the materials provided by the Plaintiff.
As a result, the sum of daily labor costs is KRW 37,282,600 (i.e., KRW 14,660,320 for January 1, 2017) (i.e., KRW 14,685,680 for February 14, 2017).
E. On January 26, 2017, the Defendant paid the Plaintiff KRW 500,00,000 as the construction cost of the instant construction project, and KRW 2 million on February 6, 2017. Following the Plaintiff’s continuous demand, the Defendant made a written consent of direct payment that he/she agreed to directly pay the Plaintiff KRW 10,000 to C on April 24, 2017 according to the Plaintiff’s continuous demand.
C paid KRW 10 million to the Plaintiff on April 28, 2017.
F. On June 7, 2017, the Defendant transferred the Defendant’s claim for construction price of KRW 16.8 million against C to the Plaintiff on the same day (hereinafter “instant claim transfer”). On the same day, the Plaintiff, the Defendant, and C have prepared and exchanged a written consent for direct payment (hereinafter “written consent for the transfer of the instant claim”). The Plaintiff, the Defendant, and the Defendant on June 12, 2017.