공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around January 2015, the Plaintiff’s gist of the Plaintiff’s assertion entered into a subcontract for construction works with the content that the Plaintiff and the Defendant accept a subcontract for the construction works to cover KRW 65,764,300 (including additional construction works not included in attached Form 4,160,000) among the construction works of the D art gallery that the Defendant and the Defendant contracted from C (hereinafter “instant construction works”).
After completing the construction work under the above contract, the Plaintiff received KRW 44,200,000 from the Defendant.
Therefore, the Defendant is liable to pay the Plaintiff KRW 22,564,300, which is the interest for the construction work, and damages for delay.
2. As to whether the Plaintiff was awarded a subcontract for the instant construction project from the Defendant, it is not sufficient to acknowledge such subcontract only with health care units, evidence Nos. 2-4, evidence Nos. 9 and 10, and witness E’s testimony, and there is no other evidence to acknowledge the subcontract.
Rather, in full view of the respective descriptions and arguments in the evidence Nos. 1 and 2, the Defendant, the owner of the building, contracted the interior interior interior interior interior interior interior interior works from C, the fact that the said interior interior interior interior interior interior works are not included, the Defendant discontinued the construction after completion of the framework construction works by the F Co., Ltd. (hereinafter “F”) contracted with F to accept the instant construction works, and the Plaintiff entered into a construction subcontract with F to the effect that F will accept the instant construction works, the F will suspend the construction, and the site director E requested the Plaintiff to perform the construction works agreed upon after the completion of the instant construction works, and the Plaintiff, after the completion of the construction works, may recognize the fact that the Plaintiff requested the payment for the subcontract by preparing a written estimate on the instant construction works to F.
According to the above facts, it is reasonable to view that the obligation to pay the subcontract price for the instant construction project claimed by the Plaintiff is borne by F.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.