공사대금 등
1. Of the instant lawsuit, the part of the claim for construction cost of KRW 32,082,329 shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 20,000,000.
1. 50,000,000 the completion of the first intermediate payment works at the time of the completion of the second intermediate payment works at the time of the recognition of the fact that it is 125,000,000 when the completion of the second intermediate payment works at the time of the completion of the second intermediate payment works at the time of the completion of the second intermediate payment works at the time of the completion of the third intermediate payment works at the time of the completion of the second intermediate payment works at the time of the third intermediate payment works at the time of the completion of the third intermediate payment works at the time of the completion of the third intermediate payment works at the time of the completion of the third intermediate payment works at the time of the completion of the last intermediate payment works
A. On August 4, 2015, the Defendant (Co., Ltd.) agreed on the date of commencement on August 25, 2015, that the construction work for the new construction of the fourth-story multi-household unit on the land E in Gyeyang-gu, Gyeyang-gu, Young-gu was ordered to the Plaintiff (Co., Ltd., Ltd.) for KRW 550,00,000, and the date of commencement is August 25, 2015; the date of completion is scheduled; the date of completion is February 25, 2016; the down payment is KRW 10,00,000; the down payment is as KRW 0.1% of the estimated amount for the remaining construction until the scheduled date of completion; and the payment method for the construction work is, in principle, written down payment by the bank.
B. The Defendant paid the Plaintiff KRW 468,000,000 as follows.
1) On September 18, 2015: 165,000,000 won: November 4, 2015: 70,000,000 won: December 30, 2015: 55,000,000 won: January 8, 2016: 53,000,000 won: 53,000,000 won) February 3, 2016: 10, 2016: 25,000,000 won:
C. Meanwhile, on September 21, 2015, the Plaintiff lent KRW 65,000,000 to the Defendant, and KRW 15,000,000 in total, more than KRW 80,000 in February 3, 2016, and received a refund of KRW 60,000 in total.
Meanwhile, on the other hand, on January 29, 2016, the Plaintiff awarded a subcontract to F Co., Ltd. (hereinafter “F”) for the roof construction of the said new construction project in KRW 28,840,00. On February 26, 2016, the Defendant agreed to pay 28,400,000 of the said subcontract construction cost directly to F, and the Plaintiff immediately discharged F from the obligation to pay the construction price.
E. On April 25, 2016, the Plaintiff obtained approval for the use of the said multi-household housing.
F. G received a seizure and collection order against KRW 32,082,329, out of the Plaintiff’s claim for the construction payment against the Defendant from the Busan District Court Branch on May 17, 2017 (2017TTT 3960), and the written decision is May 1, 2017.