공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Rolate shop (hereinafter referred to as "the commercial building in this case") is an aggregate building located in the 4th Dongcheon-ro, Busan, Jin-gu, Busan, and the defendants are the sectional owners of the commercial building in this case.
B. On November 24, 2014, the Plaintiff entered into a construction contract (hereinafter referred to as the “instant construction contract”) with the Roylate World Trade Organization (hereinafter referred to as the “Round”) to supply and demand the rooftop waterproof construction works of this case to KRW 230 million (value-added tax separate), and set the terms of payment for the said construction contract as follows.
14.Other matters: It shall be drawn up in mutual agreement with each other the following terms and conditions of payment:
3) On the 26th (8th installment) day of each month for shopping districts of 1-4th and upper floors (one month) the said payment portion shall be paid in accordance with the mutual agreement’s equity ratio.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the construction work was completed according to the instant construction contract.
Of the total area of the shopping mall of this case 88,713.7684 square meters, Defendant Non-BBBB Co., Ltd. (hereinafter “Defendant Non-BBB”) and the Defendant Forest Integrated Construction Co., Ltd. (hereinafter “Defendant Forest Integrated Construction”) have divided the areas listed in the following Table 3, and if the construction cost of this case is divided in proportion to the share of ownership of KRW 230,000,000,000, in proportion to the share of ownership, it is as listed in the following Table 5:
(1) No. 1,65.7264/3,270.3649 / 3,270.3649, 318,526 won in the construction contract of this case shall be paid according to the equity ratio entered into between the enterprises. Article 27 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings") provides that construction cost shall be paid according to the terms and conditions of payment for the construction contract of this case.