공사대금
1. The Defendant’s KRW 10,952,590 for the Plaintiff and KRW 6% per annum from January 1, 2012 to July 22, 2014.
1. On June 2008, Ansan-si Group B Co., Ltd., which was awarded a contract from the Defendant for the construction of a new factory on the Defendant’s ground (hereinafter “float Construction”) was awarded a subcontract for the float Construction among the said new construction works to the Plaintiff.
[Ground for recognition] Unsatisfy
2. 청구원인에 대한 판단 원고는, 플라이한양건설이 부도난 이후 공사를 진행하지 못하고 있었는데 피고가 하도급업체인 원고에게 공사대금을 직접 지급하기로 약정하여 공사를 진행하였고, 그 공사대금은 케노피, 담장, 대문 공사비, 하이샷시를 알루미늄샷시로 변경하여 발생한 추가공사비, 2층에서 3층으로 설계변경함에 따라 발생한 내부창호 추가공사비 등 합계 48,455,500원(부가세 별도)이라고 주장하고, 또한 피고 공장 신축공사 준공 이후에 피고의 요청으로 공사를 하였고, 그 공사대금이 9,956,900원(부가세 별도)이라고 주장한다.
First of all, it is insufficient to recognize that the construction cost is KRW 48,455,500 (Additional Tax Table) and there is no other evidence to acknowledge otherwise.
Next, according to C’s testimony as to the construction cost after completion, the Defendant paid daily allowances to C, and received the direction of additional construction, such as Green studio, partitions, and external construction, and C among them, reported to the representative director of the Defendant Company that C would be up to nine million won of the construction cost, and the Defendant paid personnel expenses to other parts related to the additional construction. Accordingly, according to the above facts of recognition, the Defendant paid the Plaintiff KRW 10,952,592,590 (the construction cost of KRW 9,956,90,90, the additional tax of KRW 995,690) to the Plaintiff as well as from January 1, 2012 following the construction work.