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. Basic facts
A. The Defendant is the owner of the building of the building of Daejeon Jung-gu C neighborhood living facilities (hereinafter “instant building”) (hereinafter “instant construction”).
On June 8, 2015, the Defendant concluded a contract for construction works with D’s representative E and construction cost of KRW 240,000,000 for the instant construction works.
(hereinafter referred to as "D" without distinguishing D's representative E and actual operator F of D, if it is not necessary to distinguish D's representative E and D.
D On June 10, 2015, G Co., Ltd. (hereinafter referred to as “G”) operated by the Plaintiff and the Plaintiff entered into a subcontract with G Co., Ltd. (hereinafter referred to as “instant electrical construction, etc.”) on the price of KRW 20,000,000 (value-added tax, value-added tax, and public charges) during the instant construction.
C. Around September 2015, D drafted to the Defendant a written waiver of construction, stating that “D will complete the instant construction by October 31, 2015, and will not complete the construction by October 31, 2015, to the Defendant in the event of failure to complete the construction by October 31, 2015, without legal action and raising an objection,” and renounced the construction thereafter.
D On November 26, 2015, the letter of "D" and the letter of this case of "contractor D (representative F)" were written as "contractor, but it is apparent that it is the error of "contractor," and thus, it is written as a subcontractor, and even below the same shall be written as a subcontractor. When G (Plaintiff) enters into the contract of the electrical construction, etc. of this case, it delivered to G a letter of "D, when it directly pays the subcontractor (Plaintiff) the subcontract amount out of the amount to be paid to the subcontractor after the completion of the contract of this case with the thickness of the owner (Defendant)." The letter of this case signed and sealed the letter of this case as "F, as a joint and several surety."
E. The Plaintiff completed the instant electrical construction, etc. on November 30, 2015, and on the instant building, December 2015.