공사대금
1. On February 22, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 3,606,180 to the Defendant (Counterclaim Plaintiff) and against this, from February 22, 2018 to October 5, 2018.
The principal lawsuit and counterclaim shall be judged together.
Basic Facts
- The Plaintiff is a person engaged in the steel construction business with the trade name of “B”.
- The Plaintiff constructed a provisional building using materials, such as the sn beam beamline supplied by the Defendant, among the Defendant, and concluded a construction contract orally to receive KRW 350 per 1 km of the materials constructed by the Plaintiff (hereinafter “instant construction contract”).
- Under the instant construction contract, the Plaintiff constructed a provisional building, etc. at the construction site of at least three sites of C, D, and E.
[Ground of Recognition] Fact that there is no dispute, the purport of the entire argument as to the plaintiff's construction cost, and the construction cost related to C construction site executed by the plaintiff as to C construction site, shall not be disputed between the parties.
D The Plaintiff for the construction cost related to the D Construction Site alleged that the construction cost related to D Construction Site is KRW 8,760,00,000, but it is not sufficient to recognize that the construction cost related to D Construction Site is KRW 8,760,000 solely on the basis of the evidence Nos. 1, 5, and 6. There is no other evidence.
However, the defendant is the person whose construction cost related to the D Construction Site is 5,000,000 won, and the above amount is recognized as the construction cost related to D Construction Site.
As seen earlier, evidence Nos. 5 and 6 submitted by the Plaintiff is evidence related to workers’ wages, the Plaintiff and the Defendant agreed to pay the construction cost by calculating it as 350 won per 1 kg of materials constructed by the Plaintiff. The above construction cost is deemed to include all workers’ wages, and there is no evidence to prove that the Defendant agreed to pay the wages separately in addition to the above construction cost.
The plaintiff of the construction cost related to the construction site is KRW 5,00,000, while it is not sufficient to recognize that the construction cost related to the construction site is KRW 5,000,000 solely on the basis of the evidence Nos. 1, 7, and 8, the defendant's payment to the plaintiff is KRW 5,00,000, and there is no other evidence.
A. The Plaintiff submitted.