공사대금
1. The plaintiff's action against the defendant A shall be dismissed.
2. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 186,783,00 and six.
1. Facts of recognition;
A. The Plaintiff is a company that engages in metal construction business, etc. 1) The Plaintiff is an individual business operator who registers his/her business with the trade name “B” on March 15, 2011 and carries out comprehensive interior works, etc., and Defendant B (hereinafter “Defendant Company”) is a company that is established on March 7, 2014 and conducts interior construction, windows, and interior works for steel products, and that Defendant A is the representative director of the Defendant Company.
B. 1) The Maco Construction Co., Ltd. contracted the construction of the instant construction contract to Hanchip Co., Ltd., and Hanchip Co., Ltd. subcontracted the part of the interior construction works among the said new construction works to Defendant A on September 1, 2013. 2) Defendant A entered into a subcontract (hereinafter “the instant construction contract”) with respect to the metal works among the interior construction works received by the said Defendant (hereinafter “the instant interior construction works”) as follows.
Delivery Contract
1. Project owner: B;
2. The name of a contractor: Indoor construction works from among new construction works;
3. The name of subcontracted project: Metal works from among interior buildings;
4. Construction site: Within the D site of Yeonsu-gu Incheon Metropolitan City.
5. Period: Amount of contract from September 1, 2013 to August 6, 2014: 781,000,000 won (value of supply: 710,000,000 won, value-added tax: 71,00,000 won);
7. Payment of a price: Payment shall be made on a one-month basis (no advance) or on the last day of the following month. The last end of the month shall be made on the basis of the original contract and the quantity of the work performed after settlement.
The Plaintiff’s construction progress and the payment of part of the construction cost pursuant to the instant construction contract, until July 29, 2014, performed the construction work in total amounting to KRW 728,750,00,00 as indicated in the “Sales” column as listed in the table below. However, the Plaintiff received only KRW 541,967,00 in total from Defendant A until April 26, 2014 as indicated in the “Settlement Amount” column as listed below.
October 12, 2013, 2010,000 on October 12, 2013, 2011,000,000 in the balance of the settlement amount on the date of sales (the original). < Amended by Presidential Decree No. 17417, Oct. 12, 2013; Presidential Decree No. 17015, Nov. 11, 2013>