공사대금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance is rendered on March 23, 2019.
1. Facts of recognition;
A. From June 23, 2015 to November 17, 2015, the Plaintiff received a contract from the Defendant for construction cost of KRW 56,150,000 (including value-added tax) for the construction work of metal, windows, and glass (hereinafter “instant construction”) among the new construction works of “Dmoel” on one parcel, other than Sung-gun C (hereinafter “instant new construction works”).
B. On November 17, 2015, the Plaintiff completed the instant construction work.
C. On December 18, 2015, the Defendant paid KRW 30,000,000 to the Plaintiff out of the construction price, but did not pay the remainder KRW 26,150,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 18, each fact inquiry result against E Co., Ltd. of this court, and purport of whole pleadings
2. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 26,150,000 and damages for delay calculated at the rate of 15% per annum as requested by the Plaintiff within the scope prescribed by the Commercial Act from December 19, 2015 to March 23, 2018, which is the service date of the original copy of the instant payment order, from March 23, 2018, as the Plaintiff seeks, from the date following the date of completion of construction to the date of full payment (amended by Presidential Decree No. 29768, May 21, 2019).
3. Judgment on the defendant's assertion
A. The defendant's assertion that the defendant only delegated F with the construction work of the construction work of the franchise of this case, and did not contract the construction work of this case to the plaintiff.
B. According to each of the evidence Nos. 7, 8, and 2 through 4, the fact that the Defendant entered into a contract with E Co., Ltd. for the construction of the instant franchise, and that F was jointly and severally guaranteed by E Co., Ltd., and that F was partially involved in the progress of the instant franchise construction.
However, the foregoing.