공사대금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 11,763,604 as well as to the plaintiff on June 2013.
1. Basic facts
A. On November 20, 201, the Defendant agreed to pay KRW 70,000 from the date of the contract, the first intermediate payment of KRW 60,000,000 on the date of the contract (within December 10, 201), the second intermediate payment of KRW 70,000,00 after completion of the 4th floor frame, and the third intermediate payment of KRW 80,00,00 from the intermediate payment of KRW 80,00,00 after completion of the 4th floor frame, and the remainder payment of KRW 225,00,00 after completion of the construction of the 3rd intermediate payment of KRW 80,00 after completion of the 4th floor frame.
B. Around December 8, 2011, the Plaintiff received a subcontract for the structural part of the instant construction from C, and completed the structural part from around that time to January 18, 2012.
C. On November 23, 201, the Defendant paid C the down payment of KRW 70,000,000, the first intermediate payment of KRW 60,000,000 on January 19, 201, and KRW 33,00,000 among the second intermediate payment of KRW 30,000 on January 30, 2012, however, on the second intermediate payment, the Defendant rejected the payment by asserting that the remainder of the second intermediate payment should have been completed even from the framework construction of the rooftop and the stairs room.
C Around February 11, 2012, the instant construction was suspended, and C’s representative director F was unable to pay the Plaintiff the C’s structural aggregate construction cost, the iron bars to G, and the amount of ready-mixeds to H due to the discontinuance of the said construction, and the C’s representative director F drafted a written confirmation with the Plaintiff, Defendant, and G, around March 17, 2012, as follows:
(A) The agreement between the Plaintiff and the Defendant based on the above written confirmation (hereinafter “instant agreement”). The phrase “written confirmation, name of construction: D, E-family house new construction, amount: 37,000,000 won: content: 37,000 won may be directly received from the owner of the building, and the owner of the building shall be 37,000,000 won directly paid to the Plaintiff, who is the contractor of the building.
A confirmed person: F/C representative director F/C, and person for confirmation: B.