공사대금
1. Of the parts relating to the claims on the merits of the judgment of the first instance, the following payments are exceeded.
1. The following facts (the principal claim and counterclaim together) are not disputed between the parties, or each entry in Gap evidence Nos. 1, 3, 7, and 8, and Eul evidence Nos. 1 and 2 (including each number), with the whole purport of the pleadings. A.
The Plaintiff (formerly, the Plaintiff was a stock company B, but its trade name was changed to the current trade name on April 15, 2013) is a stock company that carries on housing construction business, etc., and the Defendant is a stock company that carries on housing construction, building contract business, etc.
B. On June 1, 2012, the Plaintiff entered into a subcontract with the Defendant for construction works with the period from June 1, 2012 to October 31, 2012, with respect to the subcontracted construction cost of KRW 387,200,00 (in addition to value-added tax, the construction cost shall be KRW 70,400,00, and the remainder shall be paid according to the terms and conditions of the contract price) and the construction period from June 1, 2012 to October 31, 2012, and thereafter completed the subcontracted construction works.
C. On June 15, 2012, the Defendant paid KRW 9,517,860 on behalf of the Plaintiff KRW 38,720,00 as the construction cost of the instant subcontract, KRW 38,720,00 on July 4, 2012, KRW 115,50,000 on October 4, 2012, and KRW 132,00,000 on November 14, 2012, and paid KRW 9,517,860 on behalf of the Plaintiff.
On July 16, 2014, the Plaintiff sent to the Defendant a written statement to the effect that “this subcontracted construction was completed at the beginning of 2013, but the remainder was not paid.” As such, the Plaintiff sent to the Defendant by content-certified mail, which was served on the same day.
2. According to the facts acknowledged prior to the determination of the principal claim, even though the Plaintiff completed the subcontracted construction of this case, the Defendant paid the Plaintiff KRW 324,940,00 in total as construction cost (= KRW 38,720,000 in total) and KRW 115,50,000 in total as KRW 132,00,000 in total, and KRW 9,517,860 in the Plaintiff’s material price.