공사대금
1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:
1. Basic facts
A. The Plaintiff is a person who runs a construction business under the trade name of “D,” and Defendant B is a person who is engaged in a construction business, and Defendant C is a person who engages in a prefabricated panel wholesale and retail business under the trade name of “E.”
The defendants are the father-child relationship.
B. (1) On September 2016, Defendant B was awarded a contract with F for remodeling construction work to remodel a warehouse located in Incheon-gun G with a house. (2) Defendant B subcontracted the said remodeling construction work to the Plaintiff in the amount of KRW 48 million on September 21, 2016, around September 21, 2016.
However, Defendant B directly purchased and supplied the construction materials to the Plaintiff, thereby paying the construction cost equivalent to the price of the materials, and the remainder, such as the labor cost, was paid in cash to the Plaintiff.
3) The Plaintiff completed remodeling construction around October 29, 2016. (c) Around September 23, 2016, Defendant B paid the Plaintiff the construction cost, KRW 3 million on September 23, 2016, KRW 4 million on October 5, 2016, KRW 9 million on October 30, 2016, and KRW 2 million on October 30, 2016, and supplied the building cost purchased from H, etc. to the Plaintiff as construction cost.
2. Determination as to the claim against the defendant B
A. The Plaintiff 1) Defendant B provided other construction materials than the panel supplied in E to the Plaintiff at cost (purchase price). The Defendant B supplied the material cost in installments.
Since the construction cost has not been paid as much as the amount corresponding to that portion, the defendant B shall pay it.
B. Unlike the initial terms and conditions of the contract, the Plaintiff additionally constructs 2 studs, railing, shocking, grafing of outer walls windows, outer walls, ceilinging of outer walls, plastic bags in a warehouse, stairs in a warehouse, septic tank lids, toilet windows, external exchange winding, etc., and the thickness of the panel is from 50T to 75T, 100T to 150T.