공사대금 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 1, 2016, the Plaintiff received from the Defendant a contract with respect to reinforced concrete construction works among the construction works of the Seo-gu Incheon District D Building (hereinafter “instant construction works”) on the following terms:
(hereinafter “instant contract”). The construction period: From July 5, 2016 to January 30, 2017, the scope of the construction project: 1,243,00,000 won: All materials, equipment, etc. related to reinforced concrete construction of the above permitted building including all materials, equipment, etc. related to the said permitted building, shall be based on the estimates submitted, such as temporary construction, strawing construction, materials collection construction, material cost (heating materials, other materials, etc.), concrete building construction, installation of salvaging equipment, safety management expenses, etc.: Provided, That the Defendant’s payment materials shall be steel bars and ready-mixed.
B. On September 30, 2017, the Plaintiff prepared and issued a written confirmation of the payment of the price for reinforced concrete construction (hereinafter “instant written confirmation”) to the Defendant, stating that “I confirm that the full payment of the instant construction cost has been received from the Defendant.”
C. The Plaintiff completed the instant construction and delivered it to the Defendant.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. Although the Plaintiff completed the instant construction project, the Defendant did not pay the Plaintiff the unpaid construction cost of KRW 21,100,000,000 under the instant contract, and ② the additional construction cost of KRW 63,00,000,00, the gist of the cause of the Plaintiff’s claim is sought as stated in the purport of the
B. As seen earlier, the Plaintiff completed the instant construction project and delivered it to the Defendant. As such, the Plaintiff received KRW 1,221,90,000 out of the construction cost of the instant case from the Defendant. Thus, barring any other circumstances, the Defendant did not pay the Plaintiff the unpaid construction cost of KRW 21,10,000,000.