하도급대금 직불 등
1. The Defendant’s KRW 14,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 1, 2015 to September 26, 2017.
1. Basic facts
A. The Defendant, among the construction works of the Sungnam Comprehensive Sports Center, was awarded a contract for construction cost of KRW 4,994,00,000 with respect to the construction work of the machinery and equipment among the construction works of the Sungnam Comprehensive Sports Center. On April 18, 2014, the e-phone e-mail Co., Ltd. (hereinafter “the e-phone e-mail”) decided and subcontracted the construction cost of the said construction works to KRW 880,00,000 for the machinery and equipment (hereinafter “the instant construction work”).
B. On December 8, 2014, Nonparty Company received a subcontract from the Defendant with the amount of KRW 50,600,000 for the construction cost as to the Gyeyang Corporation (hereinafter “instant Second Corporation”) among the Construction Works of the Korea Social Welfare Center.
C. From April 14, 2014 to August 20, 2015, the Plaintiff manufactured and supplied materials, such as virtue, required for each of the instant construction to the non-party company. D.
On September 10, 2015, the Plaintiff sent to the Defendant a written request for direct payment of 120,000,000 won payable to the Plaintiff of the non-party company by content-certified mail, and the above content-certified mail sent to the Defendant on September 11, 2015.
F. On September 24, 2015, the Plaintiff and Nonparty Company entered into an agreement on the assignment of claims with the Defendant that transfer KRW 120,000,000 among the claims for construction cost owed by the Nonparty Company against the Defendant. On September 25, 2015, Nonparty Company notified the Defendant of the assignment of claims, and on September 30, 2015, the said notification was issued to the Defendant.
G. On September 30, 2015, around KRW 3.9 million for the remainder of the construction project of this case and KRW 10.1 million for the remainder of the construction project of this case for the instant Second Works. The Defendant paid all the remainder of the construction project to the Nonparty Company during the period from October 1, 2015 to November 6, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5-3, Eul evidence 1, 4 and 10, and the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion is the subcontract price for the non-party company.