하도급대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasons why this court shall state this part of the underlying facts are as follows: (a) the exclusion of “A” from the second part of the judgment of the first instance to “Defendant” is the same as the part of “1. Recognition” in the judgment of the first instance; and (b) the exclusion of “A” from the second part of the judgment of the first instance to “Defendant” is the same, and thus, it shall be included in summary pursuant to the main sentence of Article
2. Summary of the parties' arguments
A. On January 14, 2015, the Plaintiff, the Defendant, and the Yellow Sea General Construction Co., Ltd. entered into the instant direct payment agreement.
At the time, the amount of the completed portion of the newly-built construction in this case exceeded KRW 227,70,000,000 for the construction cost of the steel framed in this case.
Therefore, according to the direct payment agreement in this case, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 227,700,000 and the delay damages for the said payment.
B. The purport of the instant direct payment agreement is to preferentially pay the construction cost to the Plaintiff, “where the Defendant has paid the construction cost to the Seocho General Construction Dispute Resolution Co., Ltd.”
However, from January 14, 2015, the instant direct payment agreement was concluded, to February 4, 2015, there was no additional progress payment in addition to KRW 20,000,000 paid to the Seocho General Construction Project Management Bank on January 20, 2015 by the Defendant during the period from January 14, 2015 to February 4, 2015.
Therefore, the Defendant is not obliged to pay the Plaintiff additional construction cost in accordance with the instant direct payment agreement, in addition to the payment of the construction cost equivalent to the above KRW 20,000,000 paid by the Defendant to the Plaintiff in violation of the instant direct payment agreement.
In addition, the total construction cost for the construction project that was undertaken by the Kuhae General Construction Co., Ltd. until February 4, 2015 is KRW 814,360,000.
However, the defendant paid the construction cost of KRW 365,00,000 to each sewage company, and paid the total of KRW 448,329,061 directly to each of the sewage companies, and paid the total of KRW 25,00,000 for the field director's personnel expenses of KRW 25,00,000 for the field director's personnel expenses to be paid by the Seo Sea General Construction Co., Ltd. = 838,329,061 = 365,00.