공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Defendant was awarded a contract with E (hereinafter “E”) for a new construction of parking zone (the underground first floor, five floors above ground, and hereinafter “instant building”).
B. From February 4, 2017, the construction period for the instant construction project from the Defendant to the fiveth above ground among the new construction works for the instant building (hereinafter “instant construction”).
2. Until 20.20., 10.13 million won for the construction work (excluding value-added tax of 11.3 million won) and the interest rate for delay fixed at 0.03% and awarded a subcontract;
(hereinafter “instant contract”). C.
Until February 2017, the Plaintiff completed the construction of rupture spuging in each of the first and fourth floors above the ground of the instant building and the first and fourth floors above the ground. As a dispute arises between the Defendant and the Defendant over the payment of the construction cost, the construction of the instant building was suspended by leaving only the ceiling of the fifth floor above the ground.
Around March 19, 2017, the Defendant delivered the instant building to E, and E had G complete spamping construction on the fifth floor of the instant building that was not constructed by the Plaintiff, and obtained approval for the use of the instant building around April 19, 2017.
E. On May 10, 2017, the Plaintiff: (a) delivered the instant building to the Defendant; and (b) made it impossible to perform the remainder of the instant construction project; (c) accordingly, the Plaintiff demanded to pay KRW 81,70,000 for the remainder of the construction project.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion that the contract of this case was entered into in the contract of this case, the defendant paid 30% of the construction amount as advance payment at the time of entering into the contract of this case, and agreed to pay 40% of the construction amount with advance payment at the time of the execution of 90% of the construction amount, but delayed the payment of each construction amount, and even if not,