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1. The Defendant’s KRW 200,000,000 as well as 6% per annum from April 27, 2017 to March 23, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 1, 2016, the Defendant concluded the instant subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) with the Plaintiff on a subcontract for the construction cost of KRW 495,00,000 for the electricity, telecommunication, and fire fighting (hereinafter “instant construction”) among the new construction works of the B Medical Care Center on the ground of the Guri-si.
B. On December 9, 2016, the Defendant endorsed two promissory notes with the face value of KRW 100 million (the due date of the payment of the issuance on December 5, 2016 and Chapters 1 and 25 April 2016, 2016; hereinafter “each of the instant promissory notes”) to the Plaintiff on the grounds of advance payment. However, the payment of the said promissory notes was refused on each due date.
C. The Plaintiff completed at least 60% of the instant construction work at the time of the default of each of the instant promissory notes.
On the other hand, on February 9, 2018, the Plaintiff sent a certificate to the effect that the instant subcontract was terminated due to the lack of the payment capacity for the construction work, and that the Plaintiff demanded the payment of KRW 200,000,000,000,000,000.
[Ground for recognition] The fact that there is no dispute, entry of Gap's No. 1 and 10, and the purport of whole pleading
2. The assertion and judgment
A. The intent of a party at the time of delivering a bill to a creditor with respect to the performance of an existing obligation to determine the cause of the claim is divided into cases where a debtor terminates an existing cause obligation in lieu of payment of an existing obligation, that is, the debtor intends to continue to exist only a new cause obligation, and where a so-called "for payment" is delivered by means of payment of an existing cause obligation, or where a so-called "for the purpose of securing the payment of an existing obligation" is delivered by means of payment of an existing obligation. In the absence of special declaration between the parties, the bill