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1. The Defendant shall pay to the Plaintiff KRW 50,602,254 and the interest rate of KRW 15% per annum from May 24, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On April 17, 2015, the Defendant contracted for the extension of dormitories and other construction works for B High Schools (hereinafter “instant construction works”) ordered by the Daegu Office of Education (hereinafter “instant construction works”). On April 17, 2015, the Defendant entered into a blanket subcontract with Han Heavy Construction Co., Ltd. for the instant construction works (hereinafter “instant contract”).
B. The subcontract price under the instant contract shall be paid at a fixed rate, and the material price, equipment cost, and outsourcing cost, etc. shall be paid directly by the Defendant when a tax invoice is issued by the relevant company, and the amount paid thereby shall be deducted from the subcontract price to be paid by the Defendant for Han Heavy Construction.
C. Upon receiving a supply request from C, who referred to as the Defendant’s director, the Plaintiff supplied the instant construction site equivalent to KRW 50,602,254 (including value-added tax) of civil engineering materials, such as concrete block, from November 20, 2015 to January 22, 2016, and issued a tax invoice with the Plaintiff and the recipient as the Defendant.
【Fact- without dispute over the ground for recognition】 The evidence Nos. 1-1, 2, 3 and 3-1, each entry of evidence No. 1-1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The Plaintiff received a request for supply from C who was represented by the Defendant prior to the instant construction work, and supplied materials from the Defendant at the construction site that the Defendant performed the instant construction work, and supplied them at the same time. As such, the Defendant is obligated to pay the materials to the Plaintiff. 2) The Defendant was a lump sum subcontract for the construction of the instant construction work and did not conclude a contract for the supply of goods with the Plaintiff.
In addition, there is no fact that C has granted the authority to request the supply of goods on behalf of the defendant, and the plaintiff has gross negligence that the plaintiff knew C has the authority to represent the defendant.
B. Determination of Gap evidence Nos. 1 to 3, 3, 4, and 1-3.