공사대금등
1. Of the judgment of the first instance court, KRW 32,900,000 against the Plaintiff and its related thereto, from June 4, 2014 to October 23, 2015 to the Plaintiff.
1. Determination as to the cause of claim
A. The facts of recognition 1) The Defendant and the Defendant Co., Ltd. are the building Nam-gu Incheon Metropolitan City C on November 6, 2012 (hereinafter “instant building”).
(2) On March 1, 2013, the Plaintiff and the Plaintiff Co., Ltd. entered into a subcontract (hereinafter “instant subcontract”) with respect to the completion of the instant construction work among the new construction works of the instant building (hereinafter “instant construction”) with the subcontractor’s identity, subcontractor, and the construction cost of KRW 242,00,000 (including value-added tax).
3) On September 13, 2013, the Plaintiff and the Defendant discontinued part of the instant construction, and thereafter, on September 13, 2013, the Plaintiff and the Defendant settled the remainder amount of KRW 85,90,000, and the Defendant shall pay KRW 85,90,000 to the Plaintiff on behalf of the Defendant, and the Plaintiff shall resume the instant construction from September 25, 2013 and settle the instant construction as soon as possible (hereinafter referred to as the “instant settlement agreement”) (hereinafter referred to as the “instant settlement agreement”), and the said settlement amount of KRW 85,90,000 is referred to as the “instant settlement amount”).
4) The Plaintiff completed the instant construction after the instant settlement agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (Evidence No. 3 is the same as Evidence No. 3), Eul evidence No. 1, and the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the settlement amount of KRW 85,900,000 as set forth in the instant settlement agreement and the damages for delay after the completion of the instant construction work, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant asserted the deduction of the payment of the payment of the payment of the Washington, upon the Plaintiff’s request after the settlement agreement of this case, shall be the building of this case where the Defendant paid D the said payment of the payment of the payment of the payment of KRW 40,000,00 to D, who had been sub-subcontracted by the Plaintiff during the construction of this case.