공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.
1. (1) Around June 2016, the Defendant was awarded a contract for the construction of two multi-household houses (hereinafter referred to as “instant building”) on the land, etc. in Gwangju City E in order to combine it with two multi-household houses (hereinafter referred to as “instant building”) from G (the nominal owner is H, and the actual owner is G).
(2) On November 15, 2016, the Plaintiff entered into a subcontract agreement with the Defendant on the construction of metal windows (hereinafter “instant construction”) with the term of construction from November 15, 2016 to January 30, 2017, setting the construction cost as KRW 150,2250,000, and the construction cost to be subcontracted from the Defendant (hereinafter “instant contract”).
(3) On March 2, 2017, the Plaintiff and the Defendant changed the construction period of the instant contract from September 29, 2016 to April 30, 2017.
(4) The Plaintiff completed the instant construction work from September 29, 2016, and the Defendant paid KRW 90 million out of the construction cost to the Plaintiff from December 9, 2016 to February 8, 2018.
(5) The above facts do not conflict between the parties, or can be acknowledged by the purport of Gap evidence Nos. 1, 4, and 4-1, 4-2 and all pleadings, and there is no evidence that interfered with this.
2. Judgment on the plaintiff's claim
A. (1) Comprehensively taking into account the above facts, the Defendant is obligated to pay the Plaintiff the remainder of KRW 6,2250,000 ( KRW 150,2250,000,000,000 ( KRW 897550,000,000,000), which was paid by the Plaintiff, to the Plaintiff out of the construction cost of KRW 15,225,00 under the instant contract, and the delay damages therefrom, unless there are special circumstances.
(2) The Plaintiff asserts that the Defendant led to the remainder of the construction price of this case on the date of the first instance trial, but according to the Defendant’s objection or reply, which was stated on the date of the first instance trial at the first instance trial, the Defendant fully pays the remainder of the construction price of this case at KRW 62,250,000.