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1. The Plaintiff (Counterclaim Defendant) is from May 11, 2016 to KRW 58,860,225 to the Defendant (Counterclaim Plaintiff Co., Ltd.) and its related costs.
Reasons
1. Basic facts
A. On June 16, 2014, Kpos Co., Ltd. awarded a contract for the construction of urban railroad C connection routes and the removal of exchange equipment for new construction works to Defendant South-Nam public officials. Defendant A was awarded a subcontract for the construction of soil and concrete structure among the said construction works from Defendant East-dong public officials on September 1, 2014.
B. Around October 2014, the Plaintiff performed the instant construction work (hereinafter “instant construction”) and received KRW 146,500,000 from Defendant A as the construction cost.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 2 through 6, purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that the plaintiff is jointly and severally liable to pay 84,500,000,000 won remaining after deducting 146,50,000,000 won paid by the defendants from the above 231,00,000 won for the additional construction work to be paid by the plaintiff after being awarded a subcontract for 181,00,000 won for the instant construction work from the defendant South-Nam public officials and then the additional construction work to be paid by the plaintiff is the total amount of 231,00,000 won for the additional construction work agreed later (44,00,000,000 won for the additional construction work to be paid by the plaintiff.
B. As to this, the Defendants paid KRW 146,50,000 to the Plaintiff out of KRW 193,060,000 (=the Plaintiff’s additional construction cost recognized by the Defendant 187,000,000 as the Plaintiff’s additional construction cost) that Defendant A should pay to the Plaintiff, since the other party to the subcontract entered into with the Plaintiff is not the Defendant South East East Korea public service. As such, the Plaintiff paid KRW 64,920,225, such as the Plaintiff’s additional construction cost that the Plaintiff should pay to the Plaintiff, and the Plaintiff paid KRW 40,50,000 directly to the subcontractor. As such, the Plaintiff paid KRW 58,860,225,00 in lieu of the Plaintiff’s additional construction cost that the Plaintiff should pay to the Defendant. Rather, the Plaintiff paid KRW 146,50,000,000 in = KRW 40,500,000,0050.