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Reasons
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(영문) 창원지방법원 2020.02.13 2019가합53641
공사대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 24, 2017, the Defendant awarded a contract from C (project owner) to construct a new hotel (a hotel E; hereinafter “instant hotel”) in Seopo-si, Jeju Special Self-Governing Province, and subcontracted on November 24, 2017 to the Plaintiff with the following content:

(hereinafter “instant subcontract”). 4. Period of construction: Special agreement on November 25, 2017, and April 15, 2018: The contract amount: 792,000,000 won (including value-added tax) on April 15, 2018.

8. Payment of progress payments shall be made upon receipt of payment from the person ordering.

B. After that, the Plaintiff completed the instant subcontract construction, and on July 3, 2018, the approval for the use of the instant hotel was granted.

C. The Defendant paid the Plaintiff KRW 480,00,000,00 on December 8, 2017, and KRW 220,000,00 on January 31, 2018, and KRW 50,000 on April 13, 2018, and KRW 55,000,000 on May 4, 2018, and KRW 55,000,000 on May 4, 2018, and KRW 480,00,000 on May 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each branch number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion against the Defendant is seeking payment of KRW 312,00,000 unpaid construction cost (=792,000,000 - KRW 480,000).

As to this, the defendant asserts that the defendant received progress payment from the ordering person and paid it to the plaintiff, and that since the ordering person did not pay progress payment to the defendant, the plaintiff's claim against the defendant for the construction payment has not arrived.

B. 1) Determination 1) The Plaintiff and the Defendant entered into the instant subcontract and agreed that the payment of the amount shall be made upon receipt of payment from the ordering person (hereinafter “instant special agreement”).

The facts are as seen earlier. The evidence alone presented by the Plaintiff is that the Defendant pays from the ordering person.

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