공사대금
1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff falling under the revoked part is the defendant.
1. Basic facts
A. On October 7, 2013, the Plaintiff entered into a construction contract with the Defendant B Co., Ltd. (hereinafter “Defendant B”) under which the construction period was KRW 215,00,000 for the construction work for the remodeling work of the main floor in Pyeongtaek-si D (Gu) E Hospital located in Pyeongtaek-si (hereinafter “instant hospital”) from October 7, 2013 to November 30, 2013, and the total construction cost was KRW 215,00,000 for the construction work cost (excluding value-added tax). Thereafter, the Plaintiff entered into a contract with the Defendant B, setting additional construction costs as KRW 60,000 for the electrical construction (electric lights and small diskettes) and the public toilets construction cost as KRW 60,00
(hereinafter “instant remodelling project”). (b)
On October 7, 2013, the Plaintiff entered into a contract with Defendant B for the construction period for the extension work of the funeral hall of the instant hospital from October 7, 2013 to November 30, 2013, and for the total construction cost of KRW 250,000,000.
(hereinafter “instant funeral hall construction”). C.
On May 29, 2014, the Plaintiff entered into a contract with Defendant B for the construction of a pharmacy building on the ground of Pyeongtaek-si F, with the payment of the construction cost of KRW 200,000,000.
(hereinafter referred to as the “instant pharmacy construction”). D.
The instant remodeling project was almost completed around June 2014, and the instant funeral hall project was suspended on or around December 2013, and the instant pharmacy project was suspended on or around July 2014, respectively.
E. Defendant B transferred the sum of KRW 260,00,000 to the Plaintiff’s account under the name of Defendant B or Defendant medical corporation C (hereinafter “Defendant C”) with the construction cost of the instant remodeling, and paid KRW 271,340,000 in total by directly paying labor cost and food cost of KRW 11,340,000. The sum of the construction cost of the instant funeral hall was transferred to the Plaintiff’s account in the name of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 10, 11, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff received only KRW 271,340,00 among KRW 413,621,019 ( KRW 213,68,500 for the instant remodelling project) and received KRW 142,281,00.