공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a person who engages in construction business, etc. under the trade name of “B,” and the Defendant is a corporation with the objective of mechanical equipment construction business, etc., and the Defendant was awarded a subcontract for construction works, mechanical equipment installation works, and piping temperature works from the Korea Environmental Management Corporation (hereinafter “Korea Industrial Development Corporation”) that ordered the Korea Environmental Management Corporation (hereinafter “Korea Industrial Development Corporation”).
B. On January 30, 2013, the Defendant entered into a subcontract with the Plaintiff on behalf of D, setting the construction period from January 4, 2013 to July 10, 2013 with respect to construction works (hereinafter “instant subcontracted works”), and the supply price of KRW 330,60,000 and value-added tax KRW 33,060,00 in total, as KRW 363,660,00.
C. On October 24, 2013, the Defendant changed the construction period and construction cost of the instant subcontracted construction between the Plaintiff and D’s agent on the same day, the Defendant changed the instant subcontracted construction contract to the effect that the period of the instant subcontracted construction is extended to July 25, 2013, and the value-added tax 298,64,864,593 won was reduced to KRW 328,510,529.
D As a field manager for the instant subcontracted project, D has completed all of the instant subcontracted project, and the construction cost that the Defendant has not yet paid to the Plaintiff is KRW 37,646,00.
E. The Plaintiff received KRW 15,000,000 from the Defendant on February 7, 2013, and received KRW 5,000 from D on the same day, and the same year.
3.21. Payment of KRW 70,000,000 from the defendant on 21. The same year shall be 5,000,000 to D on the same day, and the same year.
4.1. Payment of KRW 28,772,300 from the defendant to D on the same day, and the same year.
5.7.D 3,000,000 won, and for the same year.
7.5. Payment of KRW 129,77,700 from the Defendant was made respectively to D on the same day.
[Reasons for Recognition]