공사대금
1. The Defendant’s KRW 500,000,000 as well as its annual 6% from October 31, 2016 to August 21, 2017 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”) established on March 15, 2012 for the self-employed construction business, and the Defendant is the de facto manager of Fnaart club (hereinafter “G”) for the operation of Fnaart club located in Busan-gu E (hereinafter “instant resort club”).
B. On January 6, 2015, the Plaintiff entered into a contract with G to determine the contract amount of KRW 80,000,000 (excluding value-added tax) for the construction design and structural review of steel structure, construction works, and structural review within the instant age club from the time of entering into the contract to the time of completion of the task. D, on January 6, 2015, entered into a contract with G to enter into a contract by setting the contract amount of KRW 462,00,000 (including value-added tax) for interior steel structure works, etc. of the instant age club as the contract amount of KRW 462,00,000 (including value-added tax) and the construction period from August 2014 to January 2015.
(hereinafter referred to as “each of the instant contracts” is added to the contracts entered into between the Plaintiff and D with G.
Plaintiff
Around January 2015, D completed the obligations under each of the instant contracts, namely, construction design and interior works, and the Defendant completed business registration and business license on March 23, 2015.
On August 25, 2016, the Defendant prepared and delivered to the Plaintiff a letter of commitment to pay KRW 500,000,000 by October 30, 2016 (hereinafter “instant letter of commitment”). On the end of the instant letter of payment, the Defendant stated that “A repayment shall be made in one order from the amount sold with business rights of the instant nart club, and that a personal responsibility shall be made at the time of change in circumstances.”
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, and 6, the result of the commission of document forwarding to the Busan District Prosecutors' Office' Office, the whole pleadings.