공사대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged if there is no dispute between the parties, or if the parties are fully aware of the overall purport of arguments as to Gap's evidence Nos. 1, 2, 4, 13, Eul evidence Nos. 3, 5, and 6, the witness C's testimony, and the defendant B's examination result.
On May 9, 2006, the Plaintiff and the Defendants entered into a construction contract with the Defendants to newly construct the “E” building on the 30,023m2, Seo-gu, Daejeon-gu, Daejeon-gu, where the registration of ownership transfer was completed under the name of May 22, 2002 (hereinafter “instant land”) with the value-added tax of KRW 6,050,000,000,000, including value-added tax.
On May 29, 2008, the Plaintiff agreed to increase the construction amount of the building in KRW 6.6 billion, including value added tax, among the Defendants on May 29, 2008, and completed the construction on August 1, 2008.
B. (1) On March 31, 2008, the Plaintiff and the Defendants made a contract for the sale of commercial buildings with the Defendants on March 31, 2008, added the following: (a) the object of sale is the first floor of the instant building in which shares in the site are included; and (b) the sale price is KRW 8 billion (value added Tax separate); (c) the sale price is fully paid in full; and (d) the sale contract was made as the settlement price of the construction cost unpaid to the Plaintiff, the contractor, in relation to the project, under the title “the first floor payment in lieu of the first floor to the Plaintiff.”
(hereinafter “instant accord and satisfaction agreement”. The name of the owner of the instant building was two Defendants, and the construction has not yet been completed. The Defendants entered into the instant accord and satisfaction agreement as above.