공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 3, 5, 6, and Eul evidence Nos. 1 and 2 (including additional numbers), together with the whole purport of the pleadings:
On April 1, 2015, the Plaintiff: (a) determined the construction cost of KRW 83,00,000 (including value-added tax; hereinafter the same shall apply); (b) from April 1, 2015 to April 30, 2015, the period of construction; and (c) received a subcontract for landscaping works and strawing works among “D works” among “D works” on the third and third lots of land outside Yeongdeungpo-gu, Young-gu, Chungcheongnam-gu; and (d) on April 10, 2015, the Plaintiff was awarded a subcontract for construction works and strawing works from the Defendant during the construction period from April 10, 2015 to April 20, 2015; and (b) was awarded a subcontract for tin works (hereinafter “each of the instant construction works”).
B. After completion of each of the instant construction works, the Plaintiff filed a claim with the Defendant for payment of KRW 39,000,000 payable for each of the instant construction works, but the Defendant did not pay the unpaid construction cost on the ground that defects occurred in connection with each of the instant construction works.
C. After that, on October 5, 2015, the Plaintiff and the Defendant concluded a dispute regarding the payment of the unpaid construction cost and the repair of defects, and entered into a mutual agreement with a certified judicial scrivener E, together with a certified judicial scrivener E (hereinafter “instant consultation memorandum”). The instant consultation memorandum is accompanied by a photograph of the defective part of each of the instant construction works, on the 14 pages.
The term "A (Defendant)" and "B (Plaintiff)" agree with respect to the payment of the remaining construction cost of the project site (YY-gu C Office members in Yong-gu) as follows:
1. A’s role 1) “A” shall, at the time of the preparation of an agreement, deposit an agreed amount of 20,000,000 won (20,000 won) paid for construction costs in the account of “military judicial scrivener E.”. 2) “A” shall settle the remaining construction costs when “B” completes the construction work within the time limit.