공사대금
1. The part against the plaintiff in the judgment of the first instance is revoked.
2. The defendant shall pay to the plaintiff 16,810,288 won and the plaintiff.
1. Basic facts
A. On April 7, 2014, the Defendant entered into the original contract with the head of the Hongcheon National Land Management Office (hereinafter “the head of the Hongcheon National Land Management Office”) affiliated with the Ministry of Land, Infrastructure and Transport under the Republic of Korea.
(2) Dwork (II) as of April 10, 2014 to February 3, 2015 (hereinafter “instant work”) and the construction cost of KRW 2,251,778,580, and the construction period of KRW 2,580.
(2) The Defendant’s employee E was the field director of the instant construction project, but reported to the subcontractor and the Defendant’s representative director after entering into a subcontract, and the Defendant’s representative director entered into a subcontract in a manner determined by the subcontract amount.
B. On August 26, 2014, the Plaintiff prepared a subcontract agreement (Evidence A; hereinafter “instant subcontract agreement”) in the name of the Defendant, which is from August 26, 2014 to December 25, 2014, with respect to reinforced concrete construction among the instant construction works, and from August 26, 2014 to December 26, 2014. On the same day, the Plaintiff, the Defendant, and the head of the Hongcheon National Land Management Office, prepared a direct payment agreement (Evidence A; hereinafter “instant subcontract”) for the subcontract, and notified the head of the Hongcheon National Land Management Office of the conclusion of the subcontract.
C. On September 1, 2014, the Plaintiff’s claim for payment for completed portion and the supervisor in charge of the instant construction project, who received the payment for completed portion, verified that the construction cost was KRW 54,813,00,000, and based on the Plaintiff’s claim for payment for completed portion on September 2, 2014, the Plaintiff received KRW 27,406,50,000, which is 50% of the claim amount for the payment for completed portion, from the head of the Hongcheon National Land Management Office on September 4, 2014. However, the Defendant did not pay the remainder of the payment for completed portion.
On September 25, 2014, the Defendant notified the Plaintiff of the termination of the instant subcontract, and the Plaintiff is at the construction site of the instant case on the following day.