공사대금
1. Of the instant lawsuit, each obligee subrogation claim against Defendant B and C is dismissed.
2. Defendant D.
1. Facts of recognition;
A. The conclusion of the construction contract between Defendant B, C, and Defendant D Co., Ltd. and the progress of the instant construction work 1) Defendant B and C are Defendant D Co., Ltd. (hereinafter “Defendant Company”) on October 17, 2017.
between Defendant B and C, the Defendant Company, the construction of multi-family house on the ground outside Incheon Yeonsu-gu, Incheon, and one parcel of land (hereinafter “instant construction”).
(C) the contract amount of KRW 995,00,00 (excluding value-added tax) and the contract amount of KRW 995,000 (excluding value-added tax) determined from October 25, 2017 to April 30, 2018 (hereinafter “instant contract”).
(2) During the process of the instant construction project, the Defendant Company: (a) drafted a letter of waiver of construction work, around July 2018, that the creditors of the Defendant Company renounced the instant construction project to Defendant B and C, and that it will not exercise the right of retention, due to the lack of normal progress due to the provisional attachment of the claim for construction price under the instant contract by the creditors of the Defendant Company.
3) After that, between Defendant B and C, on August 12, 2018, entered into a contract agreement with the F Representative G, stipulating the contract amount of the instant construction work as the contract amount of KRW 194,70,00,00 and the construction period from August 12, 2018 to September 10, 2018, but the fact was that the Defendant Company managed the instant construction site and continued to carry out the instant construction work. (B) On December 4, 2017, the Plaintiff entered into a subcontract agreement with the Defendant Company to accept the contract amount of KRW 64,00,000,000 among the instant construction works, and the amount of KRW 40,000,000,000 among the instant construction works, and each subcontract was performed accordingly.
2) On August 20, 2018, Defendant B and C directly paid KRW 20,000,000 as the subcontract price to the Plaintiff on August 20, 2018 upon request for direct payment between Defendant Company and G. [The fact that there is no dispute over the grounds for recognition, Gap’s 1, 2, and Eul’s 1 through 4, 8, and 8.