손해배상(기) 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 21, 2017, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant with the content that the construction work for the construction of the Overcheon-si Ground C Living Facilities (hereinafter “instant construction work”) was executed by setting the construction cost of KRW 336,60,000 (including value-added tax) for the construction period, from October 23, 2017 to February 28, 2018, the rate of delayed delay penalty is 1/1,000 each of the contract amount per day (hereinafter “instant contract”).
According to the instant contract, the Plaintiff shall pay the construction price to the Defendant in five equal installments as indicated below.
6. The first down payment made in progress: (86,00,000 won), the second intermediate payment after completion of a contract: (85,000 won) at the time of completion of civil engineering works and the first floor framework construction works, (85,00,000 won at the time of completion of the third part: (90,000 won at the time of completion of the second floor framework construction works and creative works, (30,000 won at the time of completion of the outside finishing works, and (15,00,000 won) after completion of the works; and (2) The fourth intermediate payment: (30,000 won at the time of completion of the outside finishing works; and
B. From October 19, 2017 to January 2, 2018, the Plaintiff paid the Defendant KRW 320,000,000 (= KRW 291,000,000,000 in total, plus KRW 29,000,00,000, in total, from the first down payment to the fourth intermediate payment, and the Defendant issued an electronic tax invoice on KRW 320,00,00 in total, with the Plaintiff as the Plaintiff, on February 20, 2018.
C. On August 29, 2018, the Plaintiff paid KRW 10,000,000 to the Defendant’s on-site director E through D under the pretext of a balance as a result of completion.
The plaintiff asserts that E is the defendant's representative, but there is no evidence to acknowledge it, and the contract of this case states that E is "on-site manager E".
Therefore, as long as there is no evidence proving that E has been granted the right to receive the construction cost from the Defendant, it is insufficient to recognize that the Defendant received the said KRW 10,000,000.
Meanwhile, the Plaintiff’s instant building between F and F on June 1, 2018.