공사대금
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 27,021,052 and its amount from January 15, 2015.
. A person who owns a house and housing (hereinafter “instant building”) and Defendant B is the spouse of Defendant C, and the Defendants are running restaurant business in the instant building.
B. On April 4, 2014, the Plaintiff was awarded a contract for remodeling construction of the instant building.
(However, as examined below, there is a dispute as to whether the other party to the above construction contract is “Defendant B” or “Defendant”.
According to the above contract for construction work, the owner (contractor) is indicated as “Defendant B”, and the contractor (contractor) as Plaintiff, respectively, and the construction period is from April 4, 2014 to April 25, 2014, and the construction amount is set at KRW 170,000,000 (excluding value-added tax).
On the other hand, at the bottom of the above construction contract, matters concerning the scope of construction are stated as follows.
(hereinafter referred to as the “instant construction contract”). * including restaurant E/V construction * stairs construction and painting * installation of a night boiler * toilet repair work * external storage and toilet installation * external design construction work * decision-making of artificial design construction *1 floor artificial design construction work * 1st floor in terms of the owner of the building. * Maritime design construction at the actual cost of the construction of the second floor 2nd floor 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd
D. The Defendants initially concluded a remodeling construction contract for the instant building with G operating F, and paid KRW 20,000,000 to G as down payment.
(The down payment was remitted from the deposit account in the name of Defendant C). However, the said construction was discontinued in the middle of the period, and the Defendants concluded the instant construction contract between the Plaintiff to carry out the remodeling construction of the instant building again.
As to this, G made a return of KRW 10,000,000 among the down payment, G paid KRW 4,000 to the Plaintiff’s customer designated by the Plaintiff on April 2014, and paid KRW 4,00,000 to the Plaintiff on May 20 of the same year.