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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 10, 2015, the Plaintiff entered into a subcontract contract with the Defendant for electrical construction (including value-added tax) with respect to electrical construction among the new construction works in the rehabilitation convalescent hospital B (hereinafter “subcontract”) ordered by the Defendant for a period of construction from February 10, 2015 to October 31, 2015; and the amount of construction is KRW 693 million (including value-added tax).
(hereinafter “instant subcontract construction contract”). [Grounds for recognition] without dispute, entry in Gap’s evidence No. 1, and the purport of the entire pleadings
2. The parties' assertion
A. The Plaintiff asserts that the Plaintiff is liable for the payment of KRW 100,081,759 (one-time payment for completed portion, KRW 25 million for completed portion, KRW 75,081,759) that was unpaid to the Defendant and the delay damages therefrom.
B. As to this, the Defendant asserted that the Defendant’s obligation to pay the subcontract price to the Plaintiff was extinguished according to the instant direct payment agreement, and that the subcontract price claimed by the Plaintiff was set excessively including the three-story construction cost that did not run, and thus, it cannot be accepted.
3. The authenticity of the entire document is presumed to be established since there is no dispute between the parties that the stamp image next to the Plaintiff’s name is based on the Plaintiff’s seal. In light of the following circumstances, which are acknowledged by comprehensively taking into account the entries and the purport of the entire pleadings of the Plaintiff’s statement and the written argument, it is reasonable to deem that the Defendant’s obligation to pay the Plaintiff for the subcontracted work of this case was extinguished in accordance with the direct payment agreement of this case.
1. Under the direct payment agreement of this case, the defendant applies for the content of the part executed by the plaintiff at the time of the pre-inspection and the completion inspection.