공사대금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 18, 2010, the Defendant entered into a contract with the Defendant to enter into a contract for the construction of a two-dimensional city (i.e., the trade name before the change: the construction of a two-dimensional city; hereinafter “dual city construction”) and the construction of a two-point Seoul Songpa-gu Seoul District Child Care Center (hereinafter “instant construction”) at KRW 1,185,80,000,000.
B. Although construction works have commenced on January 201, 201, the construction work has been suspended on or around July 201, due to the subcontractor’s failure to pay the construction cost, and on March 21, 2013, the Defendant prepared a written confirmation of the suspension of construction work on or around July 201, “each subcontractor who ordered the field construction work is E, EL branch (ju), Domain (ju), Domain construction (ju), Domain construction (ju), Domain construction (ju), Domain construction (ju), Domain, Doccccccoo (ju), and Docoo Construction was suspended on or after July 201, 201.”
C. On June 20, 2013, the completion of the instant construction, and the registration of preservation of ownership was completed on June 20, 2013.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 (if there is a provisional number, including a branch number; hereinafter the same shall apply), Eul's 26, the purport of the whole pleadings and arguments
2. The parties' assertion
A. Since the Plaintiff subcontracted the remainder of the construction in this case to the Defendant around February 2013 and completed the construction work on or around May 2013, 2013, the Plaintiff is obligated to pay the Plaintiff the remainder of the construction work, plus KRW 88,141,755, including the remainder of the construction cost and the profits of KRW 61,23,960, and other expenses not paid to the Plaintiff.
B. The remainder of the Defendant is a construction work that the Defendant directly paid the subcontract price to the subcontractor, and the Defendant merely ordered FF employees G to manage the subcontractor’s progress.