공사대금
1. Of the judgment of the court of first instance, the part concerning the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) in Gangwon-do is as follows.
1. In the first instance trial on the scope of this Court’s trial, the Plaintiff sought, as the principal lawsuit, the payment of the construction cost against Defendant Gangwon-do (mainly Defendant) and Defendant Lart Construction (Preliminary Defendant), and the Plaintiff sought compensation as a substitute for the repair of defects against the Plaintiff. The Plaintiff made a offset against the claim for the construction cost that the principal lawsuit seeks in the said counterclaim against the Plaintiff.
The court of the first instance rejected the counterclaim of Defendant Lart Construction, accepted the plaintiff's counterclaim, and partly accepted the plaintiff's counterclaim, and dismissed the plaintiff's counterclaim of the defendant Gangwon-do, and only the plaintiff appealed against it, so the scope of the judgment on the first instance is limited to the part against the plaintiff among the main claim and the counterclaim of the defendant Gangwon-do.
2. Facts of recognition;
A. On June 27, 2013, the Gangwon-do Road Management Office established under Defendant Gangwon-do (hereinafter “Road Management Office”) concluded a contract for construction work of KRW 231,273,970 for the construction cost (including value-added tax) (hereinafter “instant contract for the instant construction work”) with Defendant LLLT Construction with respect to the construction of national highways 56 lines of 56 (hereinafter “instant construction”) from June 27, 2013 to August 10, 2013 (hereinafter “instant construction work”).
B. On July 10, 2013, the Road Management Office paid KRW 122,124,000 in advance to Defendant Liber Construction.
1. In the instant subcontract, the subcontract consideration is agreed to be paid directly to the subcontractor (Plaintiff) pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).
2. The contractor (Defendant LEL Construction) shall apply for the portion executed by the subcontractor after classifying the details of the previous one at the time of the previous one and the completion inspection, and the request for the payment of the subcontract price shall also be separately filed.