공사대금
1. The Defendant shall pay to the Plaintiff KRW 56,00,000 and the interest rate of KRW 15% per annum from June 24, 2017 to the day of complete payment.
1. Basic facts
A. On October 14, 2013, with the Defendant, the Plaintiff drafted a contract amount of KRW 440 million with respect to the Changho and glass metal construction (hereinafter “instant construction”) among the Defendant’s new construction works of lending (hereinafter “instant construction works”); the principal contractor was changed to the name of the non-party company (hereinafter “non-party company”); and the subcontract agreement with the subcontractor as the Plaintiff (hereinafter “instant contract”).
B. On May 20, 2014, the Plaintiff received a letter from the Defendant that “The 50% out of the unpaid construction cost of the instant case shall be paid until June 30, 2014, and the remainder of 50% shall be paid until July 31, 2014,” respectively (hereinafter “each letter of this case”). Each of the instant notes states “each letter of this case: Nonparty Company and the Defendant (agent)”.
C. The Plaintiff filed a claim with the Nonparty Company for KRW 56 million which was not finally paid out of the unpaid construction cost stipulated in the instant letter, but the Nonparty Company rejected the Plaintiff’s claim on the ground that it did not confer the authority to prepare the instant contract and each letter to the Defendant.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 7 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the subcontract for the instant construction project was concluded between the Defendant and the Defendant, and claimed against the Defendant for the payment of the unpaid construction cost of KRW 56 million as the contractor and the delayed payment damages.
However, in light of the fact that the plaintiff and the non-party company are the parties to the contract of this case and the defendant are written in the contract of this case, and that the plaintiff claims the non-party company to pay the unpaid construction cost, the subcontract of this case was concluded between the plaintiff and the defendant.