공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 31, 2014, the Plaintiff’s assertion D entered into a construction contract with the Defendant, setting the Defendant’s factory extension construction cost of KRW 1,407,700,00 (value-added tax separate) and agreed with the Defendant to undertake construction works by succeeding to the status of contractor under the construction contract from D with the Defendant’s consent. Upon the Defendant’s request, the Plaintiff, while performing construction works by succeeding to the status of contractor under the construction contract, was additionally implemented or additionally implemented construction works not included in the original construction contract, such as emergency broadcasting installation works, emergency lighting installation works, gas pipeline construction, etc., or reinforced concrete construction works, according to the size and quantity different from the original construction contract, and the additional construction cost accordingly was settled and paid separately from the original construction contract.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 468,570,00,00, excluding the amount of KRW 1,822,80,80,000 already paid, out of KRW 2,291,370,00, which is the sum of KRW 1,548,470,00 for the original construction cost (including value added tax) and KRW 742,90,00 for the additional construction cost (including value added tax).
2. Determination
A. According to the statements in Gap evidence Nos. 1 and 2 and witness E’s testimony as to the details of the conclusion of the construction contract between the plaintiff and the defendant, D and the defendant entered into a construction contract with the defendant’s factory extension construction work (hereinafter “instant construction work”) at KRW 1,407,700,000 (excluding value-added tax) on July 31, 2014, and entered into the first construction contract with D and the defendant as to the construction cost.
After acquiring management rights of the plaintiff holding a comprehensive construction business license, D, the plaintiff and the defendant concluded a business transfer agreement with the contents that the plaintiff comprehensively takes over rights and obligations based on the construction contract of this case from D, and there is no counter-proof otherwise.
In addition, the plaintiff additionally executes construction works that were not included in the first construction contract between the defendant and the defendant or the first one.