공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff had been performing the construction work by entering into a subcontract of the construction work for an urban-type residential housing (hereinafter referred to as “instant construction work”) among the construction work for an urban-type residential housing (hereinafter referred to as “the instant construction work”) that was contracted by the Defendant, the Plaintiff was entering into a construction project by entering into a contract for the construction work for an urban-type residential housing (hereinafter referred to as “the instant subcontracted project”).
B. On July 20, 2016, the Plaintiff, the Defendant, and the Chungcheong Construction: (a) directly paid the subcontract price corresponding to the portion executed by the Plaintiff to the Plaintiff; (b) the Chungcheong Construction is applied for by classifying the details of the portion executed by the Plaintiff at the time of completion inspection and the completion inspection; and (c) the claim for payment of subcontract price is filed separately; and (d) the Defendant drafted a written agreement on the direct payment of subcontract price
(hereinafter referred to as “instant direct payment agreement”) C.
On July 2016, the Defendant paid only KRW 40,000,000, out of KRW 75,000 for subcontracted construction works executed by the Plaintiff. On October 31, 2016, only KRW 97,098,703 out of KRW 114,947,00 for subcontracted construction works executed by the Plaintiff was paid on August 31, 2016 by the Plaintiff.
[Reasons for Recognition] Facts without any dispute, entry of Gap evidence 1 to 3, purport of whole pleading
2. The parties' assertion
A. After the conclusion of the instant direct payment agreement, the Plaintiff claimed KRW 149,947,00,00 for the total amount of KRW 114,947,00 on August 1, 2016, and KRW 149,947,00 on or around October 18, 2016, the Plaintiff asserted that the Defendant paid KRW 97,098,70 on or around KRW 114,947,00, and the Defendant paid KRW 52,848,297 (= KRW 35,00,000) on or around KRW 17,848,297 on the remainder of the amount of KRW 52,848,297 (= KRW 114,947,00 in - KRW 97,00 in - KRW 97,098,703). As such, the Defendant shall pay damages for delay to the payment of the instant direct payment agreement.
B. The defendant's one beneficiary's right to claim direct payment against the ordering person is equivalent to the execution portion.