공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 12, 2012, the Future Site Co., Ltd. (hereinafter referred to as “BL”) was awarded a contract with the Defendant for a new construction of D Housing (number: 2/640,000,000 (including value-added tax; hereinafter the same shall apply) located in Jung-gu Seoul and Jung-gu (number: 5: 2,197.53 square meters) from the Defendant during the construction period from November 12, 2012 to November 30, 2013.
Around October 2013, the foregoing construction was changed to a new construction project of a E hotel (number of floors: 6 stories on the underground floor/land, area: 2,571.28 square meters) following a change in the use of a building.
(hereinafter referred to as “instant construction,” in total, of the construction works for which future land is contracted.
On December 5, 2013, the Plaintiff entered into a contract for acquisition of construction works with the content that the instant construction contract will be entirely transferred to the Defendant, including the completed construction portion, and the future amount was submitted to the Defendant on December 6, 2013.
C. On December 26, 2013, the Defendant reported the change of construction participants to the Jung-gu Seoul Metropolitan Government Office as “project owner: Defendant / future land,” and received a report completion certificate from the Jung-gu Seoul Metropolitan Government Office on December 31, 2013.
Around March 3, 2014, the Plaintiff and the Defendant concluded a settlement agreement with the effect that the construction was suspended while performing the instant construction project that led to the future sites, and that “The Plaintiff and the Defendant shall request the specialized company for the estimate of the recommendation of the design office and return the results of the agreement” (hereinafter referred to as the “instant settlement agreement”).
E. The F architect’s office, which was in charge of designing the instant construction, (hereinafter “F”), recommended G Office as an estimated specialized company (hereinafter “G”), and G calculated the settlement amount of the instant construction work as KRW 1,012,880,000.
F. The Defendant paid the Plaintiff KRW 980,000,000 as the construction cost of the instant case.
[Reasons for Recognition] Unsatisfy, including Gap evidence 1 to 5, and 9.