양수금
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. The court's explanation on this part of the basic facts is identical to the statement in the corresponding column of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of
2. The assertion and judgment
A. The Plaintiff’s assertion KC Construction is an additional construction work upon the Defendant’s order in addition to the term of the instant subcontract, and the construction cost to be finally settled accordingly is KRW 4,316,850,655 (including value-added tax), which is the sum of KRW 3,299,748,176 based on the instant subcontract and KRW 1,017,102,479.
However, the Defendant paid only KRW 3,546,40,00, which is a part of the construction cost (i.e., KRW 2,533,50,00,000, which was paid directly by the Defendant to KCC Construction (i.e., KRW 1,012,90,000, which included KRW 38,152,60,000, which was deposited by the Defendant on December 10, 2014), and thus, the unpaid construction cost is KRW 770,450,655, which was paid to the Plaintiff (i.e., KRW 85,135,135,850, which was due to the instant subcontract) (i.e., the accounts payable out of the construction cost of the additional construction cost of KRW 685,314,805, which was paid out of the total construction cost under the instant subcontract). The Plaintiff shall pay damages for delay to the Plaintiff as the Plaintiff and the Plaintiff.
B. The total construction cost to be settled according to the construction based on the instant subcontract and the additional construction by the Defendant’s assertion is KRW 3,546,400,000 (including value-added tax).
The Defendant paid 2,533,500,000 won as progress payment to KC Construction. The Defendant paid 974,747,400 won as direct payments to the subcontractor of KCC Construction, and paid 38,152,60 won as remainder of the total construction payment (=3,546,40,000 won - progress payment - 2,53,500 won as progress payment - 974,747,400 won as direct payments for sewage suppliers) on December 10, 2014. Accordingly, the Defendant deposited this amount on December 10, 2014.