공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On April 5, 2011, the Defendants: (a) awarded a contract for the construction of the building project for the Nam-gu Incheon Metropolitan Government C (hereinafter “instant building”) (hereinafter “instant construction project”); (b) part of the construction cost is to be paid in kind as real estate; and (c) set the maximum amount at KRW 1,950,000,000,000 for the construction cost.
B. On May 26, 2012, the case of new shares was subcontracted to the Plaintiff with the landscaped construction cost of KRW 194.7 million (including value-added tax) during the instant construction, but did not perform the Plaintiff’s obligation to guarantee payment of subcontract consideration pursuant to Article 13-2(1) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the Plaintiff paid only KRW 100 million out of the construction cost, and did not pay the remainder of KRW 94.7 million (hereinafter “the instant subcontract consideration”).
C. On March 20, 2013, the Plaintiff sent a content-certified mail demanding the Defendants to pay directly the amount of the instant subcontract price to the Plaintiff from the construction price unpaid for new stocks. The mail reached Defendant B on the following day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4-1 and 4-3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants are obligated to pay the instant subcontract price to the Plaintiff pursuant to Article 14(1)4 of the Subcontract Act.
3. Judgment on the defense
A. (1) The Defendants asserted that the obligation for construction payment under the payment agreement was extinguished (1) The Defendants, from the beginning, agreed to pay in kind KRW 1.95 billion out of the construction price of the instant building between new shares and new shares, as real estate, and completed the instant building.