공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the part concerning the acceptance of the judgment of the court of first instance is as follows, and the defendant's new argument is added by the court of first instance as stated in the reasoning of the judgment, and this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
(In full view of all the allegations by the Defendant and the evidence added to this Court, the first instance judgment is reasonable). The “Plaintiff” of the third 14 and fourth 5 pages of the first instance judgment is modified to “Defendant”.
2. Additional determination
A. The gist of the Defendant’s assertion was that the Plaintiff received KRW 41,529,884 from the judgment of the first instance court of this case in the distribution procedure of the Incheon District Court I as the title of debt, and KRW 54,378,812 as the title of debt for the payment order finalized in the said distribution procedure.
Since the defendant did not raise any objection to the above dividends of G and received the dividends of G, the defendant paid the subcontract price directly to G. Ultimately, the defendant paid the amount equivalent to the above total amount of KRW 95,908,696 out of the contract price to the plaintiff. Thus, the defendant should deduct the above amount from the contract price to be paid to the plaintiff.
B. According to the purport of the evidence Nos. 1, 4, and 9 of the facts of recognition No. 1, as well as the entire pleadings, G applied for a payment order against the Defendant for the payment order claiming the payment of heavy equipment costs under 20,221,363 won against G on February 26, 2016, the above court rendered a payment order on February 26, 2016, stating that “the Defendant shall pay G 220,221,363 won and delay damages therefor.” The above decision becomes final and conclusive on March 18, 2016, ② the debtor and the third debtor as the title of the above payment order as the Korea Asset Management Corporation, with the Defendant and the third debtor as the title of the above payment order as the Seoul Southern Southern District Court 2016, 103795, and ③ the fact that G received the claim for the return of land costs and the collection order against the Defendant against the Korea Asset Management Corporation.