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1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the amount of payment ordered below.
Reasons
1. Basic facts
A. On December 18, 2013, C entered into a contract with the Defendant by setting the construction cost of KRW 2.77 billion and the construction period of KRW 5 billion with respect to the new construction of multi-household housing on the fourth and fourth parcels (hereinafter “new construction of this case”).
B. On April 27, 2014, the Defendant re-subcontracted the construction cost of the instant newly-built construction to G, F’s agent, at KRW 198,00,000.
C. On May 7, 2014, the Plaintiff entered into a subcontract with G, F’s agent, setting the construction cost as KRW 89,125,00 for interior works of the instant new construction works (hereinafter “instant interior works”) as KRW 89,125,00.
[Ground of recognition] Gap evidence 1, 2, Eul evidence 1, Eul evidence 6, Eul evidence 6, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a subcontract with the Defendant as the head of the Defendant’s site with the amount of construction cost of KRW 89,125,00 for the interior works of this case, and the Defendant and G promised to pay the Plaintiff construction cost under the instant interior construction contract on June 8, 2014, and the Defendant agreed to pay the construction cost for the additional works on July 22, 2014.
However, the Plaintiff received KRW 55,00,000 from C, which is the owner of the building, but did not receive the remainder of the construction cost from the Defendant or C.
Therefore, the Defendant is jointly and severally liable to pay the Plaintiff the construction cost of KRW 46,500,000 and the damages for delay.
B. (1) Determination (1) There is no evidence to conclude that the Defendant directly concluded a subcontract on the interior works of this case with the Plaintiff. However, the Defendant determined the construction price as KRW 198,00,000 as to the newly constructed construction works of this case between G and G, who was represented by F on April 27, 2014 after receiving a contract for the instant new construction works from C.