공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 21, 201, with respect to the construction of multi-household housing on the ground (hereinafter “instant construction”) outside and two parcels of land, the Plaintiff (Seoul Special Metropolitan City Co., Ltd.) concluded a construction contract (hereinafter “instant construction contract”) with Defendant A by setting the term “the scheduled commencement date: May 1, 2011; the construction period: within five months from the commencement date; the contract price of KRW 568,00,000; value-added tax: Value-added tax exemption project; and the construction contract was determined as the term “the instant construction contract”).
(No. 1). (b)
On May 18, 2011, the Plaintiff entered into a modified contract (hereinafter “instant modified contract”) with Defendant A by stipulating that “the scheduled commencement date: May 20, 201; the construction period: October 15, 201; the method of payment: 80,000 won before commencement of the instant construction work; 120,000,000 won when the fifth floor floor was completed; and the remainder amount as August 5, 200,000 won after completion of the construction work; and 50,000,000,000 won after August 18, 201, according to the actual scale after completion of the construction work.”
C. On October 12, 2011, Defendant A sold to Defendant B Co., Ltd. (hereinafter “Defendant B”) the entire price of the instant construction site and project at KRW 630,000,000 (hereinafter “instant sales contract”). On October 201, Defendant A verbally notified the Plaintiff of the sale, and on November 29, 201, the owner of the instant construction site and project changed from Defendant A to Defendant B.
On May 18, 2011, the Plaintiff commenced the instant construction work, and suspended the construction work after performing snow removal works on the elevator roof roof on October 28, 2011, and Defendant B had a third party perform the remaining construction work, and completed the instant construction work on February 14, 2012.
E. Appraiser D assessed the height ratio of the part completed by the Plaintiff as KRW 51.75%, and the amount of the work completed as KRW 293,940,00.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 1-2, Eul evidence 4-13, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 15-2, Eul witness E's testimony, appraiser D's appraisal supplement on July 24, 2014, the result of inquiry into the inside and outside of this court, and arguments.