공사대금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. In the first instance court’s claim against the Defendant for the payment of the construction cost of KRW 103,200,000 and damages for delay, the court of first instance dismissed the claim for the payment of the construction cost of KRW 54,731,121 among the instant lawsuit, and partly accepted the remainder of the Plaintiff’s claim.
Since only the defendant filed an appeal, the scope of the trial of this court shall be limited to the part against the defendant except the dismissed part of the lawsuit.
2. Basic facts
A. The Defendant was awarded a contract with C Co., Ltd. (hereinafter “C”) for construction works related to D ground-based vehicles.
On March 19, 2014, the Defendant concluded a contract between the Plaintiff and the Plaintiff for the execution of steel frame, board, and Changho Construction Work (hereinafter “instant construction contract”) with the rate of liquidated damages from April 14, 2014 to June 10, 2014, setting the construction period of KRW 390,50,000, and the rate of liquidated damages from April 14, 2014 to June 10, 2014.
The method of paying the construction cost under the instant construction contract is stipulated to pay each of the remainder of KRW 105,500,000 within seven days after the conclusion of the contract, KRW 100,000 at the time of entering the steel-frame site, KRW 145,00,000 at the time of completion of the steel-frame construction work, and KRW 15,00 at the time of completion of the steel-frame construction work.
B. From April 14, 2014, the Plaintiff started construction works under the instant construction contract and completed construction works as early October 2014.
Meanwhile, from May 23, 2014 to January 13, 2015, the Defendant paid to the Plaintiff KRW 355,000,000 in total with respect to the instant construction contract once every nine times.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings
3. Determination
A. On October 2014, the Plaintiff asserted that the cause of the claim was determined. The Plaintiff completed construction work under the instant construction contract, including construction work for elevator holes upon the Defendant’s request from the first policeman. The Defendant is out of the total amount of KRW 448,80,00,000, including the above additional construction cost.