공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The parties' assertion
A. The Plaintiff received a contract from the Defendant for the construction of a pond, fence, stairs, etc. (hereinafter “instant construction”) among the new housing construction works in Boju City/Do from the Defendant, and thus, performed construction works equivalent to KRW 6,840,000 (excluding value-added tax) from October 23, 2017 to October 31, 2017.
On October 26, 2017, the Defendant paid KRW 2,500,000 to the Plaintiff out of the construction cost.
The Plaintiff filed a claim against the Defendant for the payment of the unpaid construction cost of KRW 4,340,00 (=the above KRW 6,840,000 – the above KRW 2,50,000) and damages for delay.
B. Defendant ordered the construction of the above house to Nonparty E, and Party E subcontracted the instant construction work among the above new house construction work to the Plaintiff.
The Defendant paid the construction cost to E in full, and the unpaid construction cost claimed by the Plaintiff is that E shall be paid to the Plaintiff. Therefore, the Plaintiff’s claim cannot be complied with.
2. Determination
A. Comprehensively taking into account the following facts: (a) the Plaintiff is a person engaged in landscaping construction business, etc. under the trade name of “G” from emulation City F; (b) the Defendant is a company incorporated for the purpose of construction business, etc.; (c) the Plaintiff was engaged in the instant construction project for newly-built house located in Da in Y from October 23, 2017 to October 31, 2017 (excluding value-added tax); (d) E was in the position of the “Defendant’s on-site director”; (d) E was in the position of the “Defendant’s on-site director”; and (e) on November 24, 2017, sent settlement data for the said newly-built house construction work (Evidence No. 5) to the Defendant on November 24, 2017, including down payment, payment account number, balance, etc.; and (e) the Plaintiff’s payment of down payment of KRW 6840,00,50 among the above construction work sites.