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1. The Defendant’s KRW 45,761,100 for the Plaintiff and KRW 6% per annum from July 12, 2017 to January 11, 2019.
Reasons
1. Facts of recognition;
A. The Defendant subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) to E Co., Ltd. (hereinafter “E”) in the cost of KRW 4,000,000 (value-added Tax Separate) among the construction of the Ftel in Suwon-si Ftel in Suwon-si.
B. On May 23, 2016, the Plaintiff, a company engaged in a marry manufacturing business, etc., refers to a large-scale marp, such as a high-rise apartment, that is, the upper and lower parts of the pit pumps necessary for E and the instant construction, mainly refers to a large-scale marp, manufactured with the outer wall marp and a plate mar in the same structure, such as a high-rise apartment. However, the marp supplied at the construction site of the instant construction site was excluded.
B Concluding a contract for production and supply (hereinafter “instant contract”) in the amount of KRW 90,200,000 (including value-added tax).
C. On May 26, 2016, the Plaintiff, E, and the Defendant agreed to pay directly to the Plaintiff the amount requested to be paid as the price for goods within the amount for the completed portion of E’s payment (hereinafter “instant agreement”) with respect to the instant contract payment, and agreed to pay in cash at the end of the following month after filing a claim for the end of each month.
The Plaintiff, which is to be newly built from E, received a structural plan, paper map, cross-section map, parking zone map, surface map, sloping map, surface map, and side map of each floor of an officetel to be newly built from E. Pursuant to each of the above drawings, he/she manufactured pit pumps after preparing structural confirmation map, pit pumps manufacturing map and explanation map, and all of the pit pumps manufactured at the construction site of this case on June 30, 2016.
E. On June 30, 2016, the Plaintiff claimed KRW 22,438,90 of the instant contract price to the Defendant, and received KRW 22,438,900 from the Defendant on August 31, 2016.
F. On October 2016, the Plaintiff entered into a contract to additionally manufacture and deliver the E and pit pumps fall prevention system (hereinafter “instant system”) at KRW 3,300,000 (including value-added tax) in its price, and on October 31, 2016.