공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
1. Basic facts
A. On June 26, 2012, the Plaintiff, who runs metal treatment business, etc. under the trade name of “B,” and was awarded a subcontract from the Defendant for the “the construction of the return equipment,” which the Defendant was performing construction by being awarded a contract from Non-Party Kudsan Co., Ltd. (hereinafter “Non-Party Co., Ltd.”).
(hereinafter referred to as the “instant construction contract”) B.
According to the instant construction contract, the total construction cost of KRW 90,00,000 (Additional Tax) was determined as the contract deposit, and accordingly, the Defendant paid KRW 18,000,000 to the Plaintiff as the contract deposit on the date of the contract, and the Defendant additionally paid KRW 2,00,000 on August 17, 2012, depending on the Plaintiff’s construction progress, and the intermediate payment of KRW 45,00,000 on August 21, 2012.
C. The Plaintiff discontinued the construction work around August 30, 2012 due to the issue of additional construction among the instant construction works.
On the other hand, the Plaintiff received KRW 50,000,000 as additional construction cost from the non-party company during the lawsuit of this case.
[Reasons for Recognition] 1, Gap's evidence 1, 2, 3, Gap's evidence 4, Gap's evidence 5, Gap's evidence 11, Gap's evidence 12, Gap's evidence 14, the purport of the whole pleadings, and the purport of the whole pleadings
2. Determination
A. The judgment on the claim of this case is based on the Plaintiff’s construction contract of this case, and the construction work for the return machine was performed by the Plaintiff in accordance with the construction contract of this case and the construction work for the return machine. Since the construction work rate is not less than 80%, the Plaintiff’s construction work cost is not less than 81,960,000 won, such as manufacturing cost, etc. incurred by the Plaintiff, wages of 35,90,000 won paid by the Defendant on behalf of the Plaintiff, damages of 14,000,000 won due to the Defendant’s unilateral contract termination, and damages of 138,860,000 won including the depreciation cost of the Plaintiff’s equipment owned by the Plaintiff from the Defendant’s KRW 138,860,000 (= contract price of 18,000,000 intermediate payment of intermediate payment of KRW 45,00,000) and KRW 63,000.