공사대금
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from April 29, 2016 to the day of complete payment.
In full view of the purport of Gap's statement and the entire argument as to the cause of the claim, the plaintiff operated metal manufacturing and wholesale retail business with the trade name "C" from January 2006 to December 201. It is recognized that the plaintiff sold metal products (one hundred and fifty million won per two million won per two million won per two million won per two million won per two hundred and fifty million won per one) to Seo Sea Construction Co., Ltd., and the defendant prepared and delivered a written statement of non-performance of the following contents to the plaintiff on December 29, 201. < Amended by Act No. 11037, Dec. 29, 2011>
The amount of direct and written consent to the direct and unpaid payment: O.S. Won (50,000,000) (hereinafter referred to as 50,000) shall agree to pay the said amount to the representative director A (Plaintiff) of C out of the remainder of the construction costs upon receipt of a direct request for a payment from the T.S. business, and the subsidies shall be paid KRW 30,000,000 on March 30, 2012, and the subsidies shall be paid KRW 20,000 on April 30, 2012.
On December 29, 2011, the judgment of B (Defendant) (Defendant) is not related to the ordering person, original contractor, and the Plaintiff is not related to the subcontractor. Thus, the Plaintiff’s right to claim direct payment against the Defendant is not generated pursuant to Article 14(1) and (2) of the Fair Transactions in Subcontracting Act.
However, according to the above statement of the written statement of non-performance (A) as mentioned above, it is concluded that the defendant shall pay 50 million won to the plaintiff directly among the construction price for the Seohae Construction Co., Ltd., and the defendant. Thus, it is concluded that Seo Seo Sea Construction Co., Ltd. transferred 50 million won to the plaintiff and the defendant, the debtor, transferred 50 million won out of the construction price claim against the defendant.
Therefore, the Defendant, as the above payment date, 50 million won among the construction price for the Seo Sea Construction Co., Ltd., and as the Plaintiff seeks, 15% per annum from April 29, 2016 to the day of complete payment as the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.