공사대금 청구의 소
1. The Defendant’s KRW 13,221,320 as well as the Plaintiff’s annual rate of KRW 6% from December 20, 2018 to August 18, 2020.
1. Basic facts
A. The Plaintiff is an individual entrepreneur who sells air conditioners and air conditioners with the trade name of “C,” and the Defendant concluded a contract for supplying air conditioners and air conditioners to the new construction site in the Gangseo-gu Seoul Metropolitan Government E research facilities.
B. On March 23, 2018, the Plaintiff and the Defendant concluded a contract for the supply and installation of goods (hereinafter referred to as “instant contract”) with the purport that the Plaintiff would supply and construct materials, such as system air conditioners, at the construction site at the aforementioned construction site. The main contents of the contract are as follows.
Contract period: From March 23, 2018 to June 30, 2018, supply items and size: Contract amount of KRW 74,80,000 on the basis of the separate detailed statement of addition (i.e., supply value of KRW 68 million, value-added tax of KRW 68,800,000), the payment of contract amount of KRW 880,000,000 within seven days after the conclusion of the contract, payment of progress payment of KRW 90% as of the end of the following month, and payment of balance within 30 days after the completion of the construction.
C. The Defendant paid the Plaintiff the instant construction cost, KRW 8.8 million on March 30, 2018, KRW 33 million on April 30, 2018, KRW 33 million on April 30, 2018, KRW 3850,000 on September 10, 2018, and KRW 48.95 million on November 26, 2018, respectively, to the Plaintiff.
[Ground of recognition] The non-contentious facts, inquiry inquiry reply to D Co., Ltd. of this court, and the purport of the whole pleadings
2. Determination as to the cause of action
A. There is no dispute between the parties as to the fact that the unpaid part of the contract amount was completed prior to the filing of the lawsuit in this case (However, there is only a dispute as to whether the F and the Defendant’s employees performed the work because the Plaintiff failed to perform all or part of the construction work. Accordingly, it is deemed as follows 3.). The Plaintiff received the total of KRW 4,895,00 from the contract price under the contract in this case.
Therefore, barring any other special circumstances, the Defendant is out of the contract amount of KRW 74.8 million to the Plaintiff.