beta
Text
1. As to the Plaintiff KRW 15,169,242 and KRW 3,405,638 among them, the Defendant shall pay to the Plaintiff KRW 11,763,604 from August 9, 2012.
Reasons
1. Basic facts
A. On November 20, 201, the Defendant: (a) concluded a contract with Nonparty C Co., Ltd. (hereinafter “C”) for the new construction of a multi-family house located in D and E (hereinafter “instant new construction”); (b) concluded that KRW 70,000,000 on the contract date; (c) the first intermediate payment of KRW 60,000,000 on the contract date; and (d) the second intermediate payment of KRW 70,00,000 on the second intermediate payment of KRW 70,00 after the completion of the structural frame of the fourth floor (within December 10, 201), and the third intermediate payment of KRW 80,00,000 on the third intermediate payment of KRW 80,00,00 after the completion of the structural frame of the fourth floor and the payment of KRW 225,000 on the purchase price and the lease deposit immediately after the completion of the construction in order.
B. Meanwhile, around December 8, 2011, the Plaintiff subcontracted the C’s structural construction among the instant new construction works, and completed the structural construction 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, and around January 19, 2012, the first intermediate payment of KRW 60,000,000, respectively. Since then, C demanded the Defendant to pay KRW 70,000,000 for the second intermediate payment on the ground that the structural frame of the fourth floor was completed, the Defendant refused the payment of the second intermediate payment and caused disputes between the parties by refusing to pay the second intermediate payment.
C, on the grounds of the above dispute, the construction was suspended on February 11, 2012 while only 33,000,000 among the second intermediate payment by the Defendant was received from the Defendant. As a result, F, the representative director of C, was unable to pay the Plaintiff the C’s aggregate construction cost, the steel delivery cost to Nonparty G, and the amount of ready-mixed with Nonparty H, on March 17, 2012, drafted a written confirmation with the Plaintiff, Defendant, and G as follows:
(hereinafter referred to as “instant agreement”).” Certificate: D, E-family house new construction, amount: 37,00,000 won, content: 37,00,000 won may be directly received from the owner from the owner, and the owner shall be the owner.