공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The grounds for this part of the underlying facts are as stated in the part on “1. Basic Facts” among the grounds of the judgment of the court of first instance, except for cases where the reasoning is written or added as follows, and thus, they are cited as they are in accordance with the main sentence of Article 420 of the Civil Procedure
The second part of the judgment of the court of first instance added “the steel reinforced concrete construction (hereinafter “the instant construction”)” to “the construction cost of KRW 1,166,00,000 (including value-added tax)” after adding “the construction work.”
The second part of the judgment of the first instance is as follows. The second part of the judgment of the first instance was subcontracted.
According to Article 5 of the above subcontract agreement, the "this court" in the third fourth part of the judgment of the court of first instance, "(C was required to pay the plaintiff as a principle at the end of the following month after the end of each month) shall be added to the "sansan Branch of the Suwon District Court".
Part III of the judgment of the first instance shall be added as follows.
F. Meanwhile, after preparing the instant performance memorandum, C paid to the Plaintiff KRW 180,000,000 on March 17, 2017 and KRW 231,00,00,00 on April 21, 2017 (Evidence A and Evidence B 6-1).
2. According to the above facts as to the cause of the claim, the Plaintiff did not receive an amount equivalent to KRW 210,000,000 from C out of the construction price of the instant case, and notified the Defendant on September 6, 2017. Therefore, the Defendant is obligated to pay the Plaintiff KRW 210,000,000 and its delay damages pursuant to Article 4, barring any special circumstance.
3. The defendant's defense and its judgment
A. In the event that the Defendant notifies the Defendant of the fact that “the Plaintiff has not received the construction payment from the Defendant within two days (the date on which C received the construction payment from the Defendant)” in accordance with the instant performance memorandum, the Defendant shall within the scope of the construction payment that the Defendant has to pay to C in the future.