공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 80,663,985, respectively, to the Plaintiff (Counterclaim Defendant) and its related amount from March 30, 2012 to February 30, 2015.
1. Basic facts
A. The plaintiffs are children of E who actually carried out the new construction of the building A and B on the ground D of the Geumcheon-gu Busan Metropolitan Government (hereinafter referred to as "the building A and B of this case").
B. On April 11, 201, E contracted the construction period for the instant building construction to the Defendant from April 11, 2011 to August 31, 2011, and construction cost of KRW 551,00,000. On the same day, Plaintiff A contracted the Defendant for construction of the instant building B to April 11, 201 to August 31, 201, construction cost of KRW 549,00,000 (hereinafter referred to as “each of the instant contracts”), and relevant work process was conducted E.
C. On December 2012, E, etc.: (a) concluded a direct payment agreement with the Defendant that “from December 20, 2011 to the completion of each building of this case, E, etc. shall pay the remainder of the subcontracted construction cost; and (b) in direct payment to the Defendant’s subcontractor, the direct payment of the construction cost was made; (c) the Defendant continued to delay the performance of the said construction; (d) notified the Defendant of the termination of the instant contract and directly executed the remainder of the construction; and (e) completed each building of this case; and (e) obtained approval for each use on March 20, 2012, with respect to the building B after completing each construction of this case.
Plaintiff
On February 16, 2012, A transferred to E all the claims, such as the Plaintiff’s excessive payment to the Defendant, the refund payment claim in lieu of defect repairs, the compensation claim in lieu of defect repairs, and the compensation claim for delay, which occurred in relation to the construction of the instant building B, to E, and notified the Defendant of the assignment of claims on
E. E is called “the deceased on April 8, 2013 and hereinafter “the deceased”).
(2) The Plaintiffs, their lineal descendants, inherited their respective 1/2 of the deceased’s property at their respective 1/2 ratio. 【Ground of Recognition” did not have any dispute, Gap’s 4, 10 through 14, 16, 19, 27, 51 evidence, Eul’s 11 (including family numbers).