공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion C Co., Ltd. contracted the construction of a new building (hereinafter “instant building”) on the ground of Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”) by E Co., Ltd. (hereinafter the name of the corporation is omitted), and the electrical construction among the said new construction works was subcontracted to the Plaintiff, and the interior works were subcontracted to the Defendant, respectively. On October 2016, approximately two months prior to the completion date of the instant building ( December 31, 2016), E sold the instant building to a third party, and F (hereinafter “F”) leased all the instant building.
The instant fish driving school ordered C to give a contract for the instant fish driving school construction necessary for the operation of the instant fish driving school (hereinafter “the instant fish driving school construction”). C, among the instant fish driving school construction (hereinafter “the instant fish driving school construction”), by oral agreement with the Plaintiff as the subcontracting period, began to the instant fish driving school electrical construction. C director G and Defendant H notified C I on the part of the Plaintiff that “the instant fish driving school is entrusted to the Defendant, not C,” and “the Plaintiff would enter into the subcontract for the electrical construction with the Defendant and the Defendant under the same conditions as the verbal agreement intended to enter into with C.”
Accordingly, on January 2017, I, the Defendant, and 3 of H prepared a contract with the effect that “the Defendant subcontracts electrical construction to the Plaintiff in KRW 143,00,000 during the tegrative construction of the instant fish teaching institute” (hereinafter “instant contract”) only at a container in the construction site, and the former construction specifications (hereinafter “the instant specifications”) were already delivered to H.
The Plaintiff completed the instant electrical construction in accordance with the instant contract, and the Defendant is paid the construction cost of KRW 130,000,000, in contrast to the instant contract, on condition that no tax invoice is issued.