공사대금
1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.
Defendant B shall be the Plaintiff 201,750.
Basic Facts
The reasoning of this Court is that the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance.
The Plaintiff’s assertion as to the claim against Defendant B is that Defendant B paid the Plaintiff KRW 67,200,000 among the construction cost of the instant 1 construction project, and KRW 323,00,000 among the construction cost of the instant 2 construction project, and the remainder of the construction cost is not paid. As such, Defendant B is obligated to pay the Plaintiff the total construction cost of KRW 409,50,000 (=the unpaid construction cost of KRW 292,50,000,000, the unpaid construction cost of the instant 1 construction project) and the delay damages therefrom.
Judgment
According to the above facts, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the total amount of 201,750,000 won for the unpaid construction payment (= KRW 84,750,000 (= KRW 359,700,000 - KRW 274,950,000) for the unpaid construction payment (= KRW 440,000, KRW 323,000 - KRW 323,00,000)) and the damages for delay from May 31, 2016 to March 15, 2017, which is determined by the Commercial Act for the following reasons: (a) the payment of the unpaid construction payment amount of KRW 117,750,00,00 for the Plaintiff; (b) the delivery of a copy of the complaint of this case as sought by the Plaintiff; and (c) the payment of damages for delay from the date of the first instance judgment to March 15, 2017.
[Plaintiff asserted to the effect that “The Plaintiff was paid KRW 274,950,00 as the construction price of the instant construction project from Defendant B” on the date of the second pleading of the first instance trial (the preparatory document dated October 11, 2016) and that “the Plaintiff was paid KRW 67,200,000 as the construction price of the instant first construction project,” and that part of the said confession was revoked on the date of the first pleading of the court of first instance (the preparatory document as of May 2, 2017, corresponding thereto).