공사대금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant B is the owner of a new construction of “Frified Factory” located in E (hereinafter “instant construction”). Defendant C is the executor of the instant construction, and Defendant D is the contractor of the instant construction, and Defendant D is the contractor of the instant construction.
B. On July 13, 2016, Defendant D entered into a subcontract with G Co., Ltd. (hereinafter “G”) on the condition that part of the instant construction works, such as the steel frame, board, window, window, glass, and miscellaneous steel, shall be KRW 397 million, among the instant construction works. On the 14th of the same month, Defendant D transferred KRW 40 million out of the said construction payment to G.
C. Meanwhile, the Plaintiff re-subcontracted the steel frame construction portion of the instant construction project from G (hereinafter “the instant steel frame construction”). However, the Plaintiff was unable to receive the construction payment from G, and the Defendants drafted a payment note (hereinafter “instant payment note”) identifying the date of preparation as follows to the Plaintiff.
The name of the Corporation: It shall be paid in the following direct manner to A fora in respect of steel frame processing and manufacturing among the instant construction works of Gyeonggi E:
- - The following:
1. Money: 130 million won;
2. Date of payment: October 12, 2016.
Meanwhile, Defendant D paid to the Plaintiff KRW 40 million on September 12, 2016, ② KRW 17 million on October 14, 2016, ③ KRW 30 million on October 15, 15 of the same month, ④ KRW 30 million on the 16th day of the same month, ⑤ KRW 23 million on the 17th day of the same month, and KRW 140 million on the 17th day of the same month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 to 6, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1: The Plaintiff, the cause of the principal claim, was re-subcontracted for the instant steel framed in the amount of KRW 170 million from G, and among them, received KRW 40 million from September 12, 2019 as advance payment, and received the instant payment note from the Defendants in relation to the payment of the construction balance.