공사대금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
1. Determination as to the main claim
A. The Plaintiff asserted that, around June 2013, C performed the instant construction work by being awarded a contract with D Corporation that was audited by C for the Human Rights Corporation Nos. 201 (hereinafter “instant real estate”).
At the time, C entered into a sales contract for the instant real estate with the Defendant, and as the remainder was unable to be paid properly, the Plaintiff continued to perform the instant construction project and completed the construction project, following the Defendant’s agreement with the Plaintiff to take over the interior facilities for the instant real estate on July 11, 2013, to accept the payment liability for the instant construction cost together with the Plaintiff, and the Plaintiff’s written confirmation (hereinafter “instant confirmation”).
According to the instant confirmation, the Defendant and C agreed to determine the construction cost as KRW 70 million until July 10, 2013, and the construction cost after July 11, 2013 to be paid as required by the Plaintiff. At the request of the Defendant around September 11, 2013, the Plaintiff offered a written estimate on the construction cost after July 11, 2013, and accordingly agreed to determine the total construction cost as KRW 175 million until July 10, 2013, the Defendant was obligated to pay the remainder of the construction cost as stated in the purport of the claim against the Plaintiff, as the Plaintiff did not pay the remainder of the construction cost twice.
B. First of all, we examine whether the Plaintiff and the Defendant agreed to determine the instant construction cost as KRW 175 million on or around September 2013. In this regard, the Plaintiff, at the time of the said agreement, shall determine the instant construction cost as KRW 175 million on the basis of the evidence Nos. 4-1 through 3 (the copy of each written estimate, the evidence No. 8-11 to 13, the same as evidence No. 8-1 to 3; hereinafter “Evidence No. 4-1 to 3”).