자재대금 등
1. The Defendant’s KRW 5,100,000 as well as the annual rate of KRW 6% from May 1, 2014 to November 9, 2016 to the Plaintiff.
1. First, with the exception of the claim portion related to A Co., Ltd., the following, if the Defendant settled the factory rent, factory rent, scrap metal, and the sales proceeds of 2 dryp, poppy processing expenses, materials expenses incurred in the installation of iron plates, and the factory rent, electricity fee, forking car, steel material processing expenses, fire fighting and electricity safety expenses that the Plaintiff is obliged to pay to the Plaintiff, there is no dispute between the parties that the Defendant is obligated to pay to the Plaintiff by April 30, 2014.
2. Next, the Plaintiff asserted that A (hereinafter “Nonindicted Company”) subcontracted the part of H-BAM work among the construction works B to the Defendant. Since the Defendant re-subcontracted the said part of the construction work to the Plaintiff and the Plaintiff performed the said H-BAM construction work, the Defendant is obligated to pay to the Plaintiff the Plaintiff the total construction cost of KRW 31,198,785 (i.e., the total construction cost of KRW 29,694,000 (i.e., the basic material cost of KRW 29,694,005 plus the H-BAM processing cost of KRW 280,000, 362,835,180, - materials cost of KRW 1,372,400, value-added tax) and damages for delay.
On the other hand, the plaintiff's above assertion is under the premise that the plaintiff had been sub-subcontracted for the above construction work from the defendant, and it is not sufficient to recognize the above assertion only with the statement of Gap evidence 1, 2, 5, and 6 (including Serial evidence), and there is no other evidence to acknowledge it.
Rather, comprehensively taking account of the written evidence Nos. 5-1 and 6-6 and the purport of the entire pleadings in the testimony of the witness C, the above Corporation was subcontracted by the Plaintiff, not the Defendant, to the Plaintiff on January 3, 2014. However, the non-party company or C, upon the Plaintiff’s request, shall have only re-subcontract the above construction work to the Plaintiff via the Defendant at the time of the conclusion of the above contract, and the method of paying the construction cost is also the Plaintiff via the Defendant from the non-party company via the Defendant.