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1. Defendant B’s KRW 123,00,000 as well as 5% per annum from February 16, 2019 to February 4, 2020 as to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant C is the owner of the E-family house reinforced concrete construction work (hereinafter “E construction”), Defendant D is the owner of the F-family house reinforced concrete construction work (hereinafter “F-family house construction”), Defendant B is the contractor who was awarded a contract for each of the above construction work from Defendant C and Defendant D, and the Plaintiff is the subcontractor who subcontracted each of the above construction work from Defendant B.
B. Defendant B entered into a contract with Defendant C to subcontract reinforced concrete construction works to the Plaintiff on August 2018 (hereinafter “instant subcontract”). The main contents of the said subcontract are as follows.
1. 공사명 : E에 있는 C씨댁 다가구주택 철근콘크리트 공사
2. Construction site: E at the prime cost.
3. Period: From September 2018 to November 2018.
4. Contract amount: 90 million won (excluding value-added tax).
5. Amount of contract and advance payment: 30 million won and balance: 60 million won (the remainder shall be paid prior to the filing of the highest floor);
6. Building scale: 370.7 square meters on the fourth floor;
7. Use: A neighborhood living facility-multihousehold; and
8. Owner: C;
9. Items and quantities of materials to be paid: Construction of reinforced concrete (payment of ready-mixed concrete, steel bars, steel-frames, steel-frames, and steel-frames);
C. Defendant B, upon receiving a contract from Defendant D for the entire F works, concluded the instant F subcontract agreement with the Plaintiff on August 2018, which entered into a contract to subcontract reinforced concrete construction works to the Plaintiff. The main contents of the said subcontract are as follows.
1. 공사명 : F에 있는 D씨댁 다가구주택 철근콘크리트 공사
2. Construction place: F at the prime cost.
3. Period: From September 2018 to November 2018.
4. Contract amount: 17 million won (excluding value-added tax).
5. Amount of contract and advance payment: 30 million won and balance: 77 million won (the balance shall be paid before the highest floor is charged);
6. Building scale: 472m27m2 on land;
7. Use: A neighborhood living facility-multihousehold; and
8. Owner: D;
9. Items and quantities of materials for payment: reinforced concrete; and