beta
Text
1. The Defendant’s KRW 146,60,000 for the Plaintiff and KRW 6% per annum from November 16, 2016 to February 6, 2018.
Reasons
1. Basic facts
A. C, around 2014, had E perform the construction work on the land outside Seopopo City D and one parcel, implementing a new resort condominium construction on the ground.
B. E awarded a subcontract to F Co., Ltd. for construction, interior, landscaping, and civil engineering works during the construction work, and F re-subcontracted the part of steel frame construction to the Plaintiff.
C. However, the entire construction was suspended due to the default of payment by E, and C entered into a management-type land trust agreement with G Co., Ltd. on April 11, 2014 with G Co., Ltd., and G entered into a contract with G on a land trust agreement to be changed to the executor of the entire construction and the sales business, and G entered into a contract with the Defendant
Around that time, the Defendant resumed the construction.
Accordingly, the Defendant terminated the subcontract with F on December 2, 2014 while entering into a direct subcontract with a large number of subcontractors, such as F, who had contracted construction work with E.
E. Meanwhile, on February 1, 2015, the Defendant entered into a subcontract with the Plaintiff, which was re-subcontracted with respect to the steel framed part (hereinafter “instant subcontract”) (hereinafter “instant subcontract”), as follows.
(1) Advance payment (including value-added tax) of the contract amount of KRW 250 million from February 1, 2015 to March 31, 2015: (a) the amount of progress payment shall be determined through the monthly inspection of the completed portion and claim for the month of the contract performance claim.
(b)The fixed flag shall be payable after the receipt of the contract.
(c) Method of payment: 100% in cash;
F. The Plaintiff completed the steel framed within the construction period, and was not paid KRW 50 million out of the construction cost by the Defendant in relation to the said subcontract.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. Assertion and determination
A. The defendant completed the steel framed construction of this case by the plaintiff 1 of the parties' assertion.