공사대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff entered into a contract with the Defendant for construction work and completed construction work by entering into a contract with D (hereinafter “D”) to extend two existing factories on the ground of the Defendant, which had been awarded a contract for construction work to extend two existing factories on the ground of the Defendant (hereinafter “instant land”).
Therefore, the defendant is obligated to pay to the plaintiff the agreed construction cost of KRW 8.8 million and delay damages.
2. According to the evidence No. 3 (Evidence No. 5) of the judgment, the plaintiff issued a tax invoice of KRW 8,80,000 for equipment costs, incidental civil works costs and taxes to the defendant as the person to whom the defendant was supplied, and the defendant received them. The following circumstances are acknowledged as follows: ① the plaintiff entered into a contract for factory extension works with the defendant on May 27, 2013, and received the construction price from D, and ② the defendant entered into a contract for new construction works with D, and the contract for construction works with D, and received the construction price from D, and ② it is difficult for the defendant to easily obtain that the contract was entered into for new construction works with D, and that it would be difficult for the plaintiff to additionally reverse the construction site directly with D during the progress of construction works, ③ The defendant appears to have concluded the contract for new construction works with D, and ③ the above appraiser to have set up the construction price to be excessive to 370,700,000,000 won and the above construction price as it appears to be excessive to have been agreed with the plaintiff No.