공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the ground of the Plaintiff’s claim
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and Eul evidence No. 2, the plaintiff entered into a contract with the defendant on July 28, 2015, under which the defendant would receive 318,900,000 won of the subcontract price (hereinafter referred to as the "subcontract") from the client-based limited company (hereinafter referred to as the "project owner company") for the roof work among the bamboo and canals construction works contracted from the client-based limited company (hereinafter referred to as the "subcontract") to receive 318,90,000 won of the subcontract price, and the plaintiff has no counter-proof evidence, and the plaintiff has received 213,410,000 won of the subcontract price of this case.
B. According to the above facts, the Defendant, as the subcontractor of the instant subcontract, is obligated to pay the Plaintiff, as the subcontractor, the unpaid subcontract price of KRW 105,490,00 ( KRW 318,900,000 - 213,410,000) and damages for delay thereof (hereinafter “the remainder of the subcontract price in this case”).
Therefore, the plaintiff's claim of this case seeking its implementation is justified.
2. Judgment on the defendant's defense
A. As to this, the Defendant agreed to “the ordering company directly pay to the Plaintiff the balance of the subcontract price in this case” between the Plaintiff, the Defendant, and the ordering company, and therefore, the Defendant’s remaining obligation to the Plaintiff for the subcontract price in this case was extinguished pursuant to Article 14(2) of the Fair Transactions in Subcontracting Act.
B. Therefore, Article 14(2) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) provides that “If any cause under paragraph (1) arises, the principal contractor’s obligation to pay the price to the principal contractor and the principal contractor’s obligation to pay the subcontract price to the subcontractor shall be extinguished within the scope.”