공사대금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 27,931,209 and to the plaintiff on December 2011.
1. Facts of recognition;
A. On February 28, 2011, the Defendant entered into a sales contract with B Co., Ltd. (hereinafter “Nonindicted Company”) on a set of KRW 872,00,000 for D factory site divided from KRW 5,509,000 and for D factory site 2,315.4 square meters (hereinafter “instant land”) and a factory scheduled to be newly built thereon (hereinafter “instant factory”), which is divided from KRW 5,509,000, the Defendant agreed that the Nonparty Company is responsible for the construction of the instant factory (hereinafter “instant sales contract”).
(The buyer of the above sales contract includes the name and resident registration number of E, the representative director of the defendant, but the affixed seal is the seal of the defendant).
After that, on March 21, 201, the Plaintiff entered into a contract with the Nonparty Company for the construction work of the instant plant as of March 25, 2011 with respect to the construction work of the instant plant, and on May 31, 2011, with respect to which the contract was concluded as of March 25, 201, and as of May 31, 201, reduced the construction cost to KRW 309,100,000 on October 28, 201, and revised the contract for the said construction work as of November 10, 2011.
C. On the other hand, on May 17, 201, the Plaintiff is the contractor and the subcontractor, and the work price shall be KRW 29,000,000 for the additional works to change the panel of the instant plant, and within 15 days after completion, and the completion date of the project is completed by the contract agreement as set out on May 31, 201.
(hereinafter referred to as “instant contract,” but when referring to the contract, hereinafter referred to as “instant contract”). D.
On August 16, 201, the new construction of the instant factory and additional construction works for the change of the board of teams prescribed in the instant contract were completed on or around August 16, 201, and the registration of ownership preservation was completed in the name of the non-party company on August 16, 201, and the Defendant completed each registration of ownership transfer on the instant land and the instant factory on October 10, 201.
【Unsatisfied facts, Gap evidence 1 through 4, Gap evidence 6-1 and 2.