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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
Facts of recognition
The plaintiff is the representative of a business entity maintaining and repairing air conditioners, and D is the plaintiff's spouse, who is the actual operator of the above business.
The defendant is a corporation with the purpose of wholesale and retail business concerning heating and cooling equipment, construction business, etc.
(A) On November 12, 2014, E entered into a subcontract for construction works with the Defendant to accept partial payments for air conditioners construction works (hereinafter “instant construction works”) from the Defendant for G hotel construction works in F (hereinafter “instant construction works”) at KRW 88,000,000 (including surtax).
On January 9, 2014, the Plaintiff agreed to the effect that “the Plaintiff’s confirmation that the instant construction was performed, and the construction cost is increased to KRW 86,750,00 (Additional Tax Table)” between E and E on February 25, 2015.
(A) On April 19, 2015, D entered into an agreement on transfer or takeover performance (hereinafter “instant underwriting agreement”) with the Defendant’s technical business team head I, H, etc. to the effect that “the Plaintiff promises to assume all rights and defects of the instant construction work and applies from the completion of the settlement of the said site” (hereinafter “the instant underwriting agreement”) (Evidence 9), E, the Plaintiff, and I, etc., were paid KRW 63,178,500 of the original construction cost of the instant construction work from the Defendant and paid KRW 40,48,00 among them to the Plaintiff, and the difference 22,690,50,50 won was unpaid, and the amount of KRW 13,890,50 of the said difference shall be settled at the time of the instant construction site settlement, and the amount of KRW 40,000,000 shall be paid up to KRW 40,00,00 (including the amount of KRW 14,005).
(A) On May 1, 2015, the Defendant paid 18,000,000 won for progress (including value added tax) that the Defendant promised to pay to the Plaintiff on May 15, 2015, to the Plaintiff by May 28, 2015.
2. The defendant.