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1. The Defendant (Counterclaim Plaintiff) paid KRW 29,315,490 to the Plaintiff (Counterclaim Defendant) and its related amount from October 16, 2014 to May 29, 2015.
Reasons
1. Basic facts
(a) Conclusion of a contract agreement;
(1) On July 25, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) for the construction of reinforced concrete among the construction of the A-ground apartment building 101 units, with the construction period fixed from July 25, 2012 to July 31, 2013. The construction cost of reinforced concrete construction among the new construction of the A-ground apartment units from July 25, 2012 to July 31, 2013. On August 16, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) for construction of reinforced concrete units among the new construction of the B-ground apartment units from August 20, 2012 to July 31, 2013.
(이들 공사를 모두 합하여 ‘이 사건 아파트 공사’라 한다). ⑵. 그런데 도급인인 원고는 2012. 9. 18. 수급인인 피고와 사이에, 피고의 경영악화를 이유로 이 사건 아파트 공사를 타절하기로 하고 당시까지의 101동 기성 공사금을 1억 2,630만원으로 정산하면서, 2012. 9. 5. 피고에게 이미 지급한 2,400만원을 제외한 1억 230만원(≒ 하도급 공사대금과 인건비 79,552,290원 C 자재대금 14,646,940원 주식회사 삼도가설 자재대금 8,092,112원)의 하도급 공사대금 등을 원고가 직접 하수급인과 자재 공급자 등에게 직접 지급하기로 약정하였다.
The Plaintiff, pursuant to the agreement, subrogated to D, etc. for the cost of subcontracted, etc. from September 26, 2012 to September 27, 2012, 2012 (i.e., KRW 77,117,290 (i.e., KRW 79,552,290) - KRW 2,435,00,00 in the attached Table 2 through 9,24 of the details of payment of construction expenses, and the amount stated in Article 25, excluding KRW 2,435,00 in the attached Table 2,435,00 in which there is no evidence of subrogation among the amount stated in the attached Table 2 through 9,24, and subrogated to D, etc. on February 8, 2013 (hereinafter referred to as “three-do theory”) for the material cost of September 27, 2012.
(C) 14,646,940 won shall not be found to have been subrogated separately from the amount stated in the attached Table 21 of the Payment Statement of Construction Costs (no evidence exists that has been subrogated separately from the amount stated).