공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 2015, the content of the Plaintiff’s claim: (a) the Defendant awarded a contract for the construction of a new building on the ground B in Seongbuk-gu Seoul; (b) the construction of a new building was subcontracted to the Plaintiff on April 29, 2015; (c) the Plaintiff completed the construction work from May 1, 2015 to January 1, 2016; and (d) the approval for use of the said building was granted.
The plaintiff, upon the request of the above construction and the defendant, has a claim for the construction cost of KRW 96,924,532 due to the execution of the additional construction work. The defendant knew of the plaintiff's expenditure of the additional construction cost and decided to settle it later, but did not pay the above amount. Thus, the defendant is entitled to claim for the payment of KRW 96,924,532 and damages for delay.
2. In light of the judgment, as the Plaintiff was the Plaintiff, the parties that directly entered into the contract with the Plaintiff are not the Defendant, but the parties that directly entered into the contract with the Plaintiff. Thus, there is no ground for the Plaintiff to seek the payment of the above construction cost against the Defendant, who is not the party who entered into the contract with the Plaintiff, and the Defendant
Since there is no evidence to prove that the plaintiff would pay the construction price later, the plaintiff's claim is without merit.
(1) The plaintiff asserted that the principal contractor has the right to directly file a claim against the defendant, since NAK construction, which is the principal contractor, goes bankrupt after the date of pleading of this case. However, there is no evidence to acknowledge that NAK construction was bankrupt, and therefore, it is without merit.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.