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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts do not conflict between the Parties:
On September 10, 2016, the Defendant entered into a contract for construction of C and Seodaemun-gu Seoul and E-ground officetels (hereinafter “instant construction”).
The fixed construction cost is 1.65 million won (excluding value-added tax).
B. On March 10, 2018, a subcontract was concluded between the Plaintiff and the Plaintiff on the part of the instant construction and the flooring construction.
The first subcontract price was 22,936,000 won, which was determined as 24,280,000 won including additional construction work on April 5, 2018.
C. After the completion, etc. of construction, the entire construction of the instant case, including the subcontracted part, was completed, the Defendant completed registration of preservation of ownership on the officetel building on May 11, 2018. (2) However, C did not pay the Plaintiff the subcontract price at all, and on July 3, 2018, drafted a written consent to the Plaintiff on July 3, 2018 to the effect that “the Defendant agrees to pay the Plaintiff the construction cost directly to the Plaintiff.”
2. The assertion;
A. Pursuant to Article 35(2)3 of the Framework Act on the Construction Industry and Article 14(1)3 of the Fair Transactions in Subcontracting Act, the Defendant is obligated to pay the subcontract price directly to the Plaintiff.
B. The Defendant may oppose the Plaintiff for the following reasons, which occurred before the Plaintiff requested a direct payment of the subcontract price by filing the instant lawsuit.
① On May 25, 2018, the Plaintiff’s direct payment claim was already terminated pursuant to Article 2(6) of the Settlement Agreement between the Defendant and C.
② Even if not, the Defendant had a claim of KRW 600 million against C, and had already been set-off against the claim for the construction price of this case before the instant lawsuit was filed, and the Defendant expressed his/her intention of set-off against C and the Plaintiff during the instant lawsuit, so C’s claim for the construction price of this case and the Plaintiff’s direct payment claim for the subcontract price of this case.