공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a corporation that wholesales reinforced glass, etc., and the defendant is a corporation that manufactures and installs steel structures.
B. Around March 2017, the Defendant received a subcontract from C Co., Ltd. (hereinafter referred to as “C”) for the supply price of Daehan (hereinafter referred to as “instant construction”) in KRW 520,890,000 (value-added tax separate). The supply price of the instant construction was changed to KRW 517,500,000 (value-added tax separate) around August 25, 2017, and KRW 672,90,000 (value-added tax separate) around February 27, 2018, and was settled as value-added tax (value-added tax separate) around May 16, 2018.
C. Around September 1, 2017, the Defendant, while proceeding with the instant construction, concluded a contract with the Plaintiff on the condition that the Plaintiff resubcontracts the instant construction project at KRW 4777,90,000,000 (excluding value added tax) equivalent to KRW 17,500,000,000 for the supply value of KRW 517,000,000,000, which is the part constructed by the Defendant, at the time of the instant construction, and shall pay the price under the condition corresponding to C’s nature; the increased or decreased monitoring of the volume of the original office building shall be settled according to the contract ratio; the defect repair period from April 1, 2018 to April 30, 2021; and the defect reservation amount shall be replaced with the defect guarantee certificate of KRW 5,00,000 (hereinafter “instant contract”).
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 10 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The final modification amount of the Plaintiff’s instant construction project is KRW 836 million (including value-added tax), and the Defendant paid the remainder after subtracting the amount of 4.2% from the contract amount entered into with C.
Since the Defendant paid only KRW 597,847,168 out of the above construction cost to the Plaintiff, the Defendant is obligated to pay to the Plaintiff KRW 203,040,832 (=836 million) payable to the Plaintiff x 95.8% - 597,847,168) and damages for delay.
B. Defendant 1.