양수금
1. The defendant shall pay 22,90,000 won to the plaintiff and 20% per annum from October 19, 2013 to the day of full payment.
1. Facts of recognition;
A. A. Around April 10, 2012, the Defendant: (a) contracted D, who runs a construction business under the name of “C”, with the Defendant’s hotel extension construction work (hereinafter “instant construction work”), for the price of KRW 1.21 billion (including value-added tax).
B. D around May 2012, the instant construction was completed.
C. On July 23, 2012, the Defendant: (a) prepared and ordered a letter of payment for the construction cost (hereinafter “each of the instant letters”) to the effect that “I will pay the outstanding amounts of the instant construction work to August 23, 2012, and accept any measure if I could not pay it by the payment date; and (b) E, the “chairperson” of the Defendant who actually operates the Defendant, was jointly and severally guaranteed by the Defendant.
E signed a written agreement on April 22, 2013 to the effect that “I shall agree to reduce the unpaid price of the instant construction to KRW 400 million, D shall pay KRW 300 million until May 30, 2013, and KRW 100 million until July 30, 2013, respectively.”
(hereinafter “instant agreement”). E.
On April 25, 2012, the Plaintiff entered into a contract for the installation of lighting fixtures among the instant construction works with D and D, and the construction cost of KRW 22,900,000 remains in relation to the said installation works.
Accordingly, on February 20, 2013, D transferred 22,90,000 won out of the claim for the construction payment of this case to the Plaintiff. The Defendant, the ordering person, drafted a written consent of the direct payment of the subcontract price with the purport that the Plaintiff, the subcontractor, shall directly pay the subcontract price of KRW 22,90,000,00, and D sent the Defendant a certificate of the content that he/she consented to the payment of part of the contract price to the Plaintiff, along with the written consent of the direct payment of the subcontract price as above, on September 26, 2013. The above content certification reached the Defendant around that time.
F. After that, in the course of the instant lawsuit, the document form for the assignment of claims as of February 20, 2013 was at issue, D and the Plaintiff against D on March 20, 2013.