공사대금
Of the judgment of the court of first instance, the plaintiff against the defendant C, who is equivalent to the amount ordered to pay.
1. Basic facts
A. Defendant C awarded a contract for the construction cost of electricity, telecommunications, fire-fighting, broadcasting, CATV, and CCTV (including value-added tax; hereinafter the same shall apply) to D Co., Ltd. (hereinafter referred to as “D”), among the development projects undertaken in Daegu-gun E around June 2014, to KRW 1,589,650,00 (including value-added tax; hereinafter the same shall apply) among the projects for creating F Parking Lots, and the construction of electricity, telecommunications, fire-fighting, broadcasting, CATV, CCTV, and CCTV amounting to KRW 950,00,000 for the construction cost of the F Parking Lot.
(hereinafter referred to as the “instant construction” in combination with each of the above construction works
Article 5(3) of the contract agreement entered into around June 2014 provides that "D shall perform the replacement and suppression of the existing electric deterioration facilities in G, which are the existing facilities other than F, and shall be subject to the settlement of actual expenses after completing the work within the scope of the material cost (such as revolving, blocking, power lines, miscellaneous materials, etc.).
C. Around May 2015, Defendant B subcontracted to the Plaintiff the construction cost of KRW 154,000,000 of the instant lighting fixtures supply and installation works (hereinafter “instant lighting works”) among the instant principal construction works.
After completing the instant lighting project, the Plaintiff issued an electronic tax invoice claiming construction cost of KRW 154,00,000 to Defendant B on July 28, 2015.
However, the Plaintiff did not receive the above construction cost from the Defendant B.
E. D issued an electronic tax invoice claiming KRW 2,679,645,460 in total from June 30, 2014 to August 31, 2015 with respect to the instant main construction (including the settlement of actual cost as described in the foregoing Paragraph (b)) to Defendant C, and received KRW 2,590,354,00 in total from July 1, 2014 to September 3, 2015 from Defendant C.
F. D’s payment of KRW 154,000,000 for the relevant subcontracted construction work in connection with the instant main construction work being performed by Defendant C on October 29, 2015, is referred to as the “subcontract” under the Fair Transactions in Subcontracting Act.
Defendant C pays directly to the Plaintiff in accordance with the provisions of Article 14.