공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
Basic Facts
(1) On July 26, 2013, the Defendant concluded a contract and a subcontract (hereinafter referred to as “instant construction”) with the content that the Defendant would construct the Defendant’s detached housing to the Plaintiff on July 26, 2013 (hereinafter “instant construction”).
(2) On August 8, 2013, the Plaintiff awarded a contract with the construction cost of KRW 250 million as the construction cost of the instant construction project at KRW 350 million.
(A) The Plaintiff paid KRW 200,000,000 to the Plaintiff for the construction cost of the instant subcontract (hereinafter “instant subcontract”). The Defendant paid KRW 232,324,270,00 to C as the construction cost of the instant subcontract from August 13, 2013 to November 15, 2014, the sum of KRW 85,00,000,000 on July 29, 2013, and KRW 97,324,270 on January 15, 2014.
3) Meanwhile, on the other hand, the Defendant: (a) KRW 35 million as the instant contract price; (b) KRW 50 million as the instant contract price; and (c) KRW 115 million as the sum of KRW 10 million as of December 6, 2013; and (d) KRW 30 million as of December 24, 2013 (hereinafter “instant subsidies”).
(A) direct payment of the instant subsidies was made by the Defendant (based on recognition), without any dispute, the instant subsidies paid to C by the Defendant is irrelevant to the construction cost of the instant case. < Amended by Act No. 1061, Mar. 1, 2006>
The Defendant paid the instant direct payments to C as the repayment of the instant construction cost.
Even if C does not have the right to receive it, the Defendant cannot refuse to pay the remainder of the construction cost of this case to the Plaintiff on this ground.
B. The Plaintiff did not agree to recognize the instant direct payments as the payment of the instant construction cost.
Even if there was an agreement between the Plaintiff and the Defendant on the above contents
This is also invalid as an unfair legal act using the plaintiff's old wife.
The Defendant and the Plaintiff paid the instant subsidies to the Plaintiff.