양수금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On April 5, 2011, the Defendants changed the parcel number between D Co., Ltd. (hereinafter “Nonindicted Company”) and Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) to J and K in the Nam-gu Incheon East-gu, Incheon.
On the other hand, when concluding a construction contract for the construction of the building of the second and seventh floors above ground (hereinafter “instant building”), the construction cost shall be KRW 6,530,00,000 (excluding value-added tax). Of these, KRW 4,580,000 among them shall be paid as cash deposit, payment for partial completion in accordance with the progress of the construction, and payment for full payment within two months after completion. Of the total construction cost, KRW 1,950,000 among the above construction cost was paid as substitute water within two months after the completion of the building.
In addition, the construction cost to be paid as the substitute is to be settled in a lump sum as commercial building on the F-ground Building (hereinafter “G building”) in the prime city, and the Defendants may dispose of the said G building even during the construction contract period, and as a result, the Defendants agreed to settle the remaining part of the said G building as the substitute in the event that the value of the remaining part of the said G building falls short of the construction cost to be settled as substitute water at the time of the Defendants’ failure to pay the remainder of the construction cost.
B. Of the construction of the instant building, Nonparty Company subcontracted to the Plaintiff the construction of the aesthetic field, sculpture, and waterproof section (hereinafter “instant construction”).
C. The instant building was completed and registered as an aggregate building on July 12, 2012. D.
At the time of completion of the building of this case, the remainder of the construction of this case that the Plaintiff did not receive from the non-party company was KRW 53,500,000 (including value-added tax; hereinafter “the construction price of this case”).
E. Defendant H on September 28, 2012, on behalf of the Defendants, who are the contractors of the instant new construction works, the Plaintiff, on behalf of the Defendants, “I executory representative H and one other, shall be the construction price for the non-party company.”