공사대금
1. The defendant shall pay 86,383,000 won to the plaintiff.
A. 11,265,90 won shall be 11,265,90 won from the Plaintiff.
1. On April 23, 2015, the Defendant awarded a contract to C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) on the construction cost of the instant land E-type construction project on the 13th ground, both D and 13 lots of land, including value-added tax, for the construction cost of KRW 4.29 billion.
On May 8, 2015, the Plaintiff was awarded a subcontract for the construction work price of KRW 270 million (excluding value-added tax) for the said construction work from C.
(hereinafter “instant construction project”). The instant claim asserted that the Plaintiff had installed additional construction works in connection with the instant construction project and sought the additional construction cost directly to the Defendant based on an agreement with the Defendant, the ordering person, based on the agreement with the Defendant.
2. Determination as to the cause of action
A. The following facts can be acknowledged according to the statements in Gap evidence 2 (including paper numbers) and Eul evidence 2.
① On December 1, 2015, the Plaintiff and the Defendant: (a) participated in the agreement and letter of undertaking between the Plaintiff and the Defendant; (b) in relation to the instant construction, the Plaintiff and the Defendant drafted a “direct subcontract payment agreement (attached Form 1) to pay all the construction cost to the Plaintiff’s account within 30 days after the provisional use of the building or completion of construction works.”
The actual contents of the agreement are detailed attached to the agreement on November 25, 2015, regarding the "Additional Construction Works for Facilities and Equipment Fire Services Corporation" written as of No. 2014, Nov. 25, 2015.
The "Written Declaration (attached Form 2) prepared along with the above agreement," the owner of the building confirmed that there is no problem in the construction by closely checking whether the construction is completely executed in accordance with a written estimate on the current status of the progress of machinery and equipment and fire-fighting construction.
(b) design;