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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The purpose of the plaintiff is to manufacture and supply automatic control equipment, etc., and the defendant is a corporation with the purpose of mechanical equipment construction business, automatic control equipment construction business, etc.
Taiwan, on October 7, 2011, contracted the construction of the new construction of the Gangseo-gu 675-3 Gangseo-dong, Gangdong-gu, Seoul (hereinafter “instant new construction”). The Defendant was awarded a subcontract for a part of the new construction of the instant new construction works from Daedae Construction Co., Ltd.
On January 28, 2013, the Plaintiff was re-subcontracted to KRW 25,300,000 for the automatic control facility works (hereinafter “instant facility works”) among the new construction works in the instant case, and on August 26, 2013, the contract price on August 26, 2013, including the following (hereinafter “instant re-subcontract”) 4: 20,500,000 won (hereinafter “V.A.T.”)
6. Construction period: Performance bond for defects on August 26, 2013 to September 25, 2013 (Provided, That this is possible to change the construction period): 3% (3 years from the date of completion of the guarantee period) of the contract amount (including V.A.T.) (including the date of completion of the guarantee period): Supply and trial operation 12. Contract payment period: 15. Payment terms on August 26, 2013 (the schedule adjustment according to the process): Supply of materials and installation correspond to (including trial operation) payment terms.
The Defendant paid the Plaintiff KRW 10,00,000,000 as the construction price of the re-subcontract in this case, and KRW 4,500,000 on June 2, 2014, respectively, to the Plaintiff.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 5 (including serial numbers; hereinafter the same shall apply), and the whole purport of the pleading is added to the entries of Gap evidence Nos. 3, 4, and Eul evidence Nos. 4 and 5 as to the cause of claim as a whole, the plaintiff is excluded from the water level control point of the fourth floor water tank above the ground of the instant building according to the re-subcontract around August 26, 2013.