공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Defendant entered into a contract with the Defendant and C Co., Ltd. (hereinafter “C”) ordered C Co., Ltd. (hereinafter “C”) to build a new hotel for the instant hotel (hereinafter “instant hotel”) at Jeju.
B. On September 23, 2015, the Plaintiff entered into a subcontract with the Plaintiff with C to conclude a contract for construction with the effect that the Plaintiff would receive a subcontract for the construction of machinery and equipment and fire-fighting machinery and equipment and fire-fighting machinery (hereinafter “instant construction”) among the entire construction works in the instant case from September 21, 2015 to February 28, 2016, with the construction period of KRW 1.415 billion (including value-added tax), 5% of the contract amount of the warranty bond, 2 years after the completion of the completion inspection of the warranty liability period, 3/1,000 of the contract amount per day, and 3/1,000 of the compensation rate for delay. On February 28, 2016, the scheduled date of completion inspection of the instant construction works, as of July 31, 2016, and the rate of warranty bond to 3% of the contract amount, respectively.
(hereinafter referred to as the “instant subcontract”). (C) The instant contract for construction has been modified as above.
On May 30, 2016, the Plaintiff and the Defendant prepared a separate contract, separate from the instant subcontract, a “Standard Contract for Fire-Fighting System Construction Works” (hereinafter “Separate Contract”) dated May 30, 2016.
The separate contract stipulates that the Defendant’s contract for the “fire-fighting facility works” among the entire construction works of this case shall be concluded with the Plaintiff at the rate of 0.001% of the daily contract price per day during the construction period from May 2016 to August 2016, the contract price of KRW 400 million (excluding value-added tax), three years from the completion date of the warranty liability period, and 0.001.
(1) From September 30, 2015 to October 12, 2016, C paid to the Plaintiff totaling KRW 84,788,00,000 as the price of the instant construction project. (2) On November 10, 2016, the Plaintiff paid KRW 1185,80,000,000,000,000 as the price of the instant construction project, which was reduced compared to that stipulated in the instant subcontract.