공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The Plaintiff, based on the facts, carried out electrical construction (hereinafter “instant construction”) which is part of the geothermal heating Corporation for the housing located in Incheon Strengthening-gun C and the 21st household located in D, from September 29, 2015 to November 4, 2015.
The total construction cost of the instant construction project is 12,600,000 won per household (60,000 won per household x 21 household).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant who subcontracted the instant construction project to the Plaintiff that the Plaintiff asserted, shall pay the Plaintiff the construction cost of KRW 12,600,000 agreed upon with the Plaintiff who completed the construction.
B. The Defendant’s assertion 1) The person who subcontracted the instant construction project is not the Defendant, but the Defendant is only the person who received a subcontract for the construction project from the Plaintiff and the Plaintiff. Therefore, the Plaintiff shall make a direct claim for the construction work payment to the Plaintiff and the Plaintiff suspended the construction project without completing the instant construction project, and the remainder was the F Company G.
Therefore, even if the obligation to pay the construction cost is recognized to the Defendant, the construction cost cannot be paid to the Plaintiff without completion.
3. Determination
A. In light of the following circumstances, the person who subcontracted the instant construction work to the Plaintiff is recognized as having been the Defendant, and the other Defendant’s assertion is without merit.
(1) The participating enterprise, the participating enterprise, shall enter into a total sales contract with the defendant for a project for strengthening area, and subcontract the relevant construction project to the defendant collectively.
② H that ordered the Plaintiff to work was the chief of the Defendant’s management office, and was registered as a person in charge of the management office in order to deal with reinforced regional affairs under the total sales contract in a lump sum.
③ The Plaintiff and the Defendant’s representative director have been aware of before, and are also strengthened.