공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 4, 2014, the Defendant entered into a contract with the non-party C Co., Ltd. (hereinafter “non-party D Co., Ltd.”) under which the Defendant entered into a contract (hereinafter “instant contract”) with the non-party Co., Ltd. to set the construction period for machinery and equipment, electricity, fire-fighting equipment, furniture, architecture, sanitary map, lighting (hereinafter “instant contract”) from June 10, 2014 to September 30, 2014 with respect to the construction work for the extension and remodeling of the F hotel on the ground of two parcels, non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) (hereinafter “instant contract”).
B. On June 23, 2014, the Plaintiff entered into a contract with the Nonparty Company for receiving sewage (hereinafter “instant subcontract”) by setting the construction period from June 25, 2014 to September 30, 2014 with respect to the construction of electricity and fire-fighting equipment during the instant contract, as construction cost of KRW 193,00,000 (including value-added tax).
C. The instant contract construction and the instant subcontract construction were continued from June 2014 to November 2014. The Plaintiff received KRW 75 million in total as construction price from the Nonparty Company from August 1, 2014 to October 1, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, each entry of evidence 5-1 to 3, result of an order of submission of taxation information to the director of the branch tax office to submit tax information, the purport of the whole pleadings
2. Determination as to the cause of action
A. On July 30, 2014, the Plaintiff’s assertion, Nonparty Company, and the Defendant agreed to pay KRW 193,000,000, which is the full payment of the instant subcontract, to the Plaintiff. Since the Defendant did not pay KRW 60,000,000 for the instant subcontract, the Defendant is obligated to directly pay the Plaintiff KRW 60,000,000.
B. First of all, the determination is based on the Health Unit and the Plaintiff’s assertion as to whether the Plaintiff may demand the Defendant to pay the amount that was not paid by the Nonparty Company directly.