공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a company that operates the steel structure construction business and the non-scriptive structure dismantling business. The defendant is a company that conducts civil engineering, construction, industrial environmental facilities, electricity, heating, sanitation, machinery, road packaging, and other construction work business.
The Plaintiff received a subcontract from the Defendant for each of the construction works described in the following B, C, and D.
B. On May 21, 2012, the Plaintiff entered into a contract with the Defendant on May 21, 2012, under which the construction period of “PSC BOX (FSM) production and installation works” (hereinafter “instant 1 construction works”) among the vehicle base construction works the Defendant contracted with the Korea Rail Network Authority on May 21, 2012 between May 21, 2012 and October 27, 2014; the construction cost is KRW 5,874,00,000 (including value-added tax) to be subcontracted (hereinafter “instant 1 subcontract”).
(2) The Plaintiff agreed to reduce the construction period until the end of January, 2014 among the instant first construction works. (2) The Plaintiff, from November 2013, was unable to perform the instant first construction works due to the aggravation of financial standing, provisional attachment of the claim for construction price against the Defendant, etc., resulting in delay in the process of the instant first construction works.
Accordingly, the Defendant terminated the first subcontract on March 5, 2014, and agreed between the Plaintiff and the Plaintiff to settle the construction price at KRW 5,509,900,000 (including value-added tax) according to the rate of the origin of the first construction project of this case.
3. Regarding the instant First Corporation, the Defendant paid to the Plaintiff KRW 765,60,00 in advance, and KRW 3,763,787,134 in advance, and paid KRW 300,00 in advance to the Plaintiff. Under the sales bond transfer contract entered into between the Plaintiff and NH Capital Capital Co., Ltd., KRW 170,014,095 in lieu of the Plaintiff’s labor cost to be paid.