Text
1. Defendant C Co., Ltd.:
A. From July 13, 2016 to July 26, 2019, KRW 139,300 and its amount.
Reasons
1. Basic facts
A. On August 13, 2015, Defendant B awarded to Defendant C a contract with Defendant C for construction work of constructing a new apartment for a period from September 1, 2015 to February 28, 2017 on the land surface of the Namnam-gun and six parcels, Jeonnam-gun, Seoul, to KRW 7,670,00,000 (excluding value-added tax).
(hereinafter “instant construction project”). (b)
Around August 31, 2015, Defendant C acquired 158,400,000 won (in addition to KRW 4,60,000,000, and the aggregate amount including value added tax, KRW 163,000,000, and KRW 179,300,000 if it included value added tax) from the Plaintiff for the instant construction project. Around August 31, 2015, Defendant C entered into a contract with the Plaintiff for the collection of the instant construction materials after the completion of the construction work, the goods amounting to 20% as advance payment, 50% after the completion of the supply of the materials, and 30% after the completion of the construction work, and after the completion of the construction work, the Plaintiff entered into a contract with the Plaintiff to recover the instant construction materials.
(hereinafter “instant contract for the transfer of goods”). C.
The Plaintiff supplied the instant building materials to Defendant C at the construction site of the instant construction project by July 2016 under the instant goods transfer contract, and Defendant C used the instant building materials to perform the instant construction project.
On August 10, 2016 and December 5, 2016, the Plaintiff sent to Defendant C a certificate of content that “as the Plaintiff did not receive value-added tax amounting to KRW 139,300,000, including value-added tax from the price of the instant construction materials, it shall be paid as soon as possible.”
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, Gap evidence 2, Gap evidence 3, Gap evidence 7-3 and 4, the purport of the whole pleadings
2. The parties' assertion
A. Defendant B did not pay Defendant C the amount of KRW 1,66,157,869 as the price for the construction work of this case. Defendant C did not pay the Plaintiff KRW 139,300,000 as the price for the construction work of this case, and did not return the construction work of this case.
Meanwhile, on December 15, 2016, Defendant C paid KRW 163,00,000 among the progress payments of Defendant C to Defendant C.