공사대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person who runs a construction business, such as reinforced concrete construction, under the trade name of “B”, and the Defendant is a corporation that runs a construction business.
B. On December 7, 2015, the Defendant entered into a contract with Seoul to enter into a contract for the construction cost of KRW 1.566 billion (including value-added tax; hereinafter the same shall apply) and the construction period from December 7, 2015 to June 30, 2016.
C. On January 7, 2016, the Defendant entered into a contract with the F to enter into a construction agreement with the Gyeongjin-gun G, H, I, J, and K-based Multi-household Construction Project (hereinafter collectively referred to as the “instant construction project”) for the construction cost of KRW 1 billion and the construction period from January 7, 2016 to August 30, 2016.
On December 10, 2015, the Defendant subcontracted the instant construction project to the U.S. Corporation (hereinafter referred to as “U.S.”) with the contract price of KRW 712 billion and the construction period from December 10, 2015 to June 30, 2016.
E. On January 10, 2016, the Defendant awarded a subcontract for the instant construction works with the contract price of KRW 712 billion and the construction period from January 10, 2016 to August 30, 2016, with the remainder of the construction (excluding snow, reinforced concrete, electricity, telecommunications, fire fighting, windows, metal, gas, and E/V) except for the subcontract as described in the said paragraph among the instant construction works.
F. The Plaintiff, among the instant construction works, engaged in reinforced concrete construction in D, E, G, and H multi-household housing (hereinafter “instant steel framed construction”). The Plaintiff issued a tax invoice on April 12, 2016 with the Defendant supplied, and received remittance of KRW 16 million on April 12, 2016, KRW 20 million on May 4, 2016, and KRW 27.5 million on June 17, 2016. The remitter is indicated as the Defendant.
G. Meanwhile, the Defendant’s failure to perform construction works on June 17, 2016, stating that “The Defendant renounces the remaining construction works after June 17, 2016 and settle the amount of KRW 410,831,630 as the amount to be cut off.”