공사대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, interesting Construction Co., Ltd., and Samdo Construction Co., Ltd, constituted a joint supply and demand organization as the representative of the Plaintiff, and was awarded contracts from A University for construction of B Center by the method of joint performance on July 201.
On August 18, 2011, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant on the terms and conditions that the instant construction works of reinforced concrete (hereinafter “instant construction works”) contract amounting to KRW 1,560,00,000 (including value-added tax), the construction period from August 20, 201 to April 30, 201 (hereinafter thereafter changed to September 28, 2012), and three percent (amount) (46,80,000) of the warranty bond rate, and one-one percent (1/1000) of the liquidated damages rate.
(A) In addition to the instant construction works, the Plaintiff subcontracted the instant construction works to the Defendant at the time of August 18, 201, the contract price of KRW 329,00,000 and the construction period from August 20, 201 to January 11, 2013.) In the course of performing the instant construction works, the Defendant received KRW 1,211,000,000 from the Plaintiff as advance payment and payment for completed portion, and returned KRW 780,000 among them to the Defendant under the pretext of a loan, but did not receive KRW 279,00,000 from the Plaintiff until October 2012.
Around October 20, 2012, while the Defendant was performing the instant construction works by being supplied with building materials, etc. from the snow materials, etc., the Defendant concluded a compromise with the Plaintiff to settle the term ratio of construction work of this case to 7.63%, and submitted a written waiver of construction to the said joint subcontractor on October 24, 2012.
Around August 8, 2012, the Plaintiff entered into a subcontract for construction with the Aridong Construction Co., Ltd. to the effect that the mold construction contract amounted to 506,000,000 won during the instant construction project and the construction period was subcontracted during the period from August 8, 2012 to October 30, 2012, and completed the instant construction project on October 30, 2012.
D The D, at the request of the defendant, has objection.