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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On March 31, 2017, the Defendant was awarded a contract with Nonparty C for a new construction of the Songpa-gu Seoul Metropolitan Staz.
B. On May 1, 2017, the Plaintiff received a subcontract from the Defendant for the payment of KRW 55 million (10,000,000 on May 10, 2017, with the payment of KRW 27,500,000 on the date of concluding the contract, the advance payment of KRW 17,500,000 on May 10, 2017, and the payment of KRW 27,50,000 from May 2, 2017 to May 13, 2017.
C. Since then, the Plaintiff and the Defendant, except for the network construction in the above subcontract, changed the utility pole construction to 16m and 4m, and reduced the construction cost.
The plaintiff completed the construction of man-made and telegraph pursuant to the above subcontract, and additionally spent 1.6 million won for flat work.
E. The Plaintiff received a total of KRW 20 million from the Defendant on May 1, 2017 and June 21, 2017, respectively, for the said subcontract price.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 6, Eul evidence 1, Gap evidence 7-1 to 7, the purport of the whole pleadings
2. The assertion;
A. The plaintiff's assertion that the contract price under the above subcontract was reduced to KRW 49.7 million, and the construction work and additional construction work were completed. As such, the defendant is obligated to pay the plaintiff the total amount of KRW 29.7 million and the additional construction cost paid to the plaintiff, which is KRW 31.3 million.
B. The Defendant’s assertion 1) reduced the construction cost under the above subcontracting contract to KRW 47,582,00. 2) The Plaintiff caused the occurrence of water shortage due to the failure to conduct the smooth coal work on the surface of the stadium constructed by the Plaintiff. Accordingly, Nonparty C, the ordering person, entrusted the Plaintiff with the defect repair and paid KRW 22,50,000 to the Plaintiff.
C has deducted the amount equivalent to the defect repair expenses from the construction cost to be paid to the Defendant, so the defect repair expenses should be deducted from the construction cost to be paid to the Plaintiff.
3. Determination
(a)the subcontract price;