공사대금
The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed.
Of the costs of lawsuit, the principal lawsuit.
The plaintiff asserts that there is KRW 17,421,668 of the unpaid construction cost related to civil engineering works.
On April 16, 2018, the Plaintiff: (a) supplied reinforced concrete construction among the flood prevention projects in the sewerage maintenance priority control area in 2015 from the Defendant on the following grounds: (b) completed civil engineering works; (c) the Plaintiff and the Defendant settled accounts for the portion of the said civil engineering works on October 5, 2018; and (d) confirmed that the unpaid amount was 6,365,218 won; and (c) the remainder of the remainder of the construction works remains 11,056,470 won (Evidence 1).
However, the Defendant asserted that the payment of the unpaid amount of KRW 6,365,218, including the monthly labor cost of KRW 30,510,000 on September 25, 2018, and that the remainder of KRW 11,056,470, including the labor cost of KRW 24,530,000 on November 30, 2018, the Defendant paid the additional construction cost of KRW 11,056,470 on November 30, 201 (Article 4-2), and the Plaintiff did not clearly dispute this (Article 4-2).
Therefore, since the above remaining construction costs were fully paid and extinguished, the plaintiff's claim for this part cannot be accepted.
Unlike the initial contract for construction works, the Plaintiff asserts that the Plaintiff agreed to pay the actual cost incurred by the Plaintiff for the construction works among the instant construction works, and sought a payment of material cost, etc. incurred by the Plaintiff for the construction works.
However, it is not sufficient to acknowledge that there was such an agreement between the Plaintiff and the Defendant solely with the witness C’s testimony and evidence No. 8, and there is no other evidence to acknowledge it, the Plaintiff’s claim on this part premised on the existence of such agreement cannot be accepted.
Counterclaim Claim Defendant: (a) the construction cost of civil engineering works among the instant construction works is KRW 190,973,818; (b) the construction cost of construction works is KRW 109,530,148; and (c) the Defendant’s construction cost is KRW 300,503,966.