물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination as to the cause of claim
A. On August 18, 2013, the Plaintiff: (a) around September 18, 2013, from the Defendant, the steel frame and the board construction work (hereinafter “instant construction work”) among the construction works for the construction of a new building for four and four lots of ground-based factories in Jinju-si.
The construction contract of this case (hereinafter referred to as the “instant construction contract”) to be subcontracted to 253,00,000 won (including value-added tax).
(2) On the other hand, the Plaintiff received payment of KRW 23,00,000,000 in total, as the construction cost under the instant construction contract, from the Defendant on October 1, 2013, and KRW 50,000,000 on the 21st of the same month, and KRW 13,000,000 on December 31, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-5, Gap evidence 7, Eul evidence 6-1, the purport of whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 20,000,000 (i.e., KRW 253,00,000 - KRW 233,000,000) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 1, 2014 to the date of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's defense
A. The summary of the defense 1) The Defendant, as the head of the site office of the instant construction, received a confirmation (Evidence No. 1) from D with the authority to receive the construction cost on behalf of the Plaintiff, as the Defendant, as the head of the site office of the instant construction, and paid not less than KRW 20,000 of the remainder of the construction cost sought by the Plaintiff, including KRW 1,946,000 on behalf of the Plaintiff, and KRW 2,300,000 on behalf of the Plaintiff due to the Defendant’s failure to pay the Plaintiff despite his/her duty to pay, and KRW 16,90,000 on behalf of the Plaintiff, and KRW 16,90,000 on behalf of the Plaintiff. (2) The instant construction cost was fully paid to the Plaintiff, even if the reimbursement to the expressed agent and quasi-Possessor of the claim, on behalf of the Plaintiff.