공사대금
1. The part against the defendant among the judgment of the court of first instance is revoked, and all of the plaintiff's claims corresponding to the revocation part are revoked.
1. In the first instance court, the Plaintiff claimed for the payment of the unpaid construction cost of KRW 1,021,153,057 against the Defendant and the delay damages therefrom. The first instance court dismissed the Plaintiff’s claim for the payment of KRW 27,753,223, and the delay damages from July 8, 2017 to the date of full payment, and partly accepted the remainder of the claim for the construction payment.
In this regard, the Defendant appealed to the part of the claim for the construction cost, and the subject of the judgment by this Court is limited to the claim for the construction cost partially accepted.
2. Basic facts
A. The Defendant, who entered into a construction contract and a subcontract, was awarded a new apartment construction contract to the limited partnership D (hereinafter “D”) as an executor of the new apartment construction project, and the E Co., Ltd. (hereinafter “E”) subcontracted the installation work of the new apartment construction project from D to July 1, 2015 (hereinafter “E”) and re-subcontracted the part of the machinery and equipment work and the machinery and fire-fighting work (hereinafter “instant construction”) to the Plaintiff at KRW 3.674 million (including value-added tax).
B. On August 2, 2016, D’s default and the subsequent progress D’s default were due to the Defendant’s failure to pay the full amount of the construction cost, and as a result, the Defendant drafted a settlement agreement between D and E on August 25, 2016 that the Defendant pays the construction cost to E on behalf of E.
However, on August 25, 2016, E renounced the instant construction work, and transferred the part concerning the instant construction work (the remaining construction cost of KRW 1,260,869,830 of the contract amount of KRW 3.674 million and the outstanding bill of exchange KRW 1.144,869,830 of the outstanding bill of exchange) to the Plaintiff among the construction cost claims under the settlement agreement with the Defendant.
C. The Plaintiff and the Defendant agreed to settle accounts between the Plaintiff and the Defendant on August 27, 2016.