공사대금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
1. The Plaintiff asserted that the Defendant received from the Defendant the electric construction of the 1st, 3, 4, and 5th underground floor from the Seo-gu Daejeon World Commercial Building (hereinafter “instant commercial building”) and completed the construction work around March 14, 2017, but did not receive construction cost of KRW 12,50,000 (including additional taxes) from the Defendant. As such, the Defendant is obligated to pay the Plaintiff the said KRW 12,50,000 and delayed damages.
2. According to each of the statements in Gap evidence Nos. 1 through 4, and 6, it is recognized that the plaintiff entered into a contract for electrical construction (hereinafter "the contract of this case") as alleged above with D around February 20, 2017, and the contract was partially modified thereafter, and the plaintiff issued a statement of tax amounting to KRW 27.5 million to the defendant around March 15, 2017, and received KRW 15 million from the defendant on the same day.
However, the following circumstances, which are acknowledged by adding the overall purport of pleadings to the statements or videos of the evidence Nos. 2-1, 2, 4, 5, 11, 15-1, 2, 26-1, 26-1 through 15, and 28 through 31 in the evidence Nos. 2-1, 2-2, 4, 5, 11, 15-15, 28 through 31, i.e., (e., the Plaintiff’s construction period from the E Co., Ltd., a supply and demand for the extension and renovation of the commercial building of this case, around May 2, 2016, to the construction period from May 2, 2016 to August 30, 2016; and (iii) the construction price was subcontracted to KRW 766,260,000, and the Plaintiff’s construction of this case’s commercial building, which was included in the instant construction contract’s construction and large repair.