공사대금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. In the first instance trial, the Plaintiff claimed payment of KRW 1,540,000 in the balance of the construction cost in the present case and KRW 28,180,00 in the balance of the nursing department and the construction cost in the present case. The first instance court accepted the claim for the balance of the construction cost in the present case and dismissed the claim for the balance of the nursing department and the construction cost in the present case.
In response, the defendant did not appeal but appealed only to the plaintiff. Thus, the subject of the judgment in this Court is limited to KRW 28,180,000 in the balance of the nursing department and construction cost of this case, which is the part against the plaintiff, and damages for delay.
2. Basic facts
A. On July 2010, the Plaintiff suspended the instant science and engineering work on September 2010, as the terms and conditions on the construction cost were not satisfied while entering into a subcontract for metal construction work at KRW 75,330,00 (including value-added tax) among the construction works for remodeling work at the C University F Nursing Department 1 and the second floor located in the E University (hereinafter “instant science and engineering work”).
B. On September 18, 2010, the Defendant’s person in charge in charge of the instant nursing department and construction site was confirmed to be equivalent to KRW 44,00,000 (including value-added tax) of the instant nursing department and constructed by the Plaintiff, and paid KRW 20,000,000 among them as a gold-time payment, and the amount payable is KRW 24,00,000,000, and written statement of execution budget stating that the amount payable is KRW 24,00,000, and obtained approval from the head of the field office D and the representative director.
C. In accordance with the above execution budget, the Defendant paid KRW 20,000,000 to the Plaintiff on September 20, 2010.
[Ground of recognition] A without dispute, Gap evidence 2-1, Gap evidence 5-1, 2, Gap evidence 7, Gap evidence 8-1, 2-2, Eul evidence 2-1, Eul evidence 14, Eul evidence 14, part of witness D of the first instance court, fact-finding results of this court's fact-finding against Young Metal Co., Ltd., the purport of the whole pleadings as a whole.
3. According to the facts acknowledged before the judgment on the cause of the claim, the plaintiff raised an objection.