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 1, 2015, the Defendant, who runs a construction business under the trade name of D, issued a contract to E with the cost of construction KRW 352 million (including value-added tax) and the construction period from June 3, 2015 to September 3, 2015.
(hereinafter referred to as “original contract”) between the Defendant and E.
Since then, E had ordered the Plaintiff to subcontract the steel frame and the board construction among the F New Construction Works, and prepared a subcontract agreement between the Plaintiff and the Plaintiff on August 25, 2015 with the following contents:
Contract for Construction Works (Change 1)
1. Construction name: Iron works among F-built construction works;
3. Construction period: Amount of contract (including additional taxes) between June 9, 2015 and September 4, 2015: 30,591,000 won calculated by adding the amount of original contract to KRW 77 million.
5. Advance payment 1): The remainder of 35 million won for the part payment: The remainder of 40% payment before the entry into the field of the materials: The remainder payment shall be made within one week after the establishment of steel frame is completed;
C. Meanwhile, the Plaintiff holds a standard subcontract agreement for construction works (No. 2, hereinafter “instant contract”) prepared in the name of the Defendant as follows.
Standard Subcontract Form of Construction Works
1. Construction name: F new construction works (Iron/glls);
3. Construction period: The value of supply of KRW 198 million from June 18, 2015 to September 4, 2015: Value-added tax of KRW 180,000,000 (value-added tax of KRW 70,000,000 in steel frame, KRW 110,000 in the board board): The amount of value-added tax of KRW 180,000: the subcontractor on June 18, 2015: The plaintiff (person): The plaintiff (person) [based] has no dispute; the statement in subparagraphs 1, 4, 1, 2, and 4; the witness E testimony; the purport of the whole pleadings;
2. The parties' assertion
A. After entering into a contract with Plaintiff E on June 18, 2015, the Defendant entered into a contract for a prime contractor, and entered into a contract with the Plaintiff on June 18, 2015 with the Plaintiff on KRW 180,000 for the construction cost of the steel frame and the steel panel among F new construction works (excluding KRW 70,000,000,000,000,000,000,000 won, and value-added tax).