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1. The defendant shall pay 39 million won to the plaintiff and 12% per annum from September 10, 2019 to the date of complete payment.
Reasons
1. In fact, the Plaintiff is a company that performs gas facility works, etc., and the Defendant is a company that performs machinery facility works, etc.
Upon the Defendant’s request, the Plaintiff started gas facility works in Guro-gu Seoul Metropolitan Government with the construction cost of KRW 7 million and completed October 27, 2018. ② The construction cost of KRW 7 million was 7 million and completed November 26, 2018. ③ The construction cost of the gas facility works in Yongsan-gu Seoul Metropolitan Government with the construction cost of KRW 25 million was 25 million and completed March 18, 2019.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 39 million and the damages for delay calculated by the ratio of 12% per annum from September 10, 2019 (the day after the delivery of the duplicate of the complaint) to the day of full payment (the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings).
B. The summary of the Defendant’s argument 1) is that the Defendant prepared a written statement of direct payment related to the G Corporation. However, the Plaintiff, upon receiving a written statement of direct payment from the Defendant, did not transfer the Defendant’s criminal liability to the Defendant at the time of receiving the construction payment from the owner of the building, the Defendant did not have any obligation to pay the Plaintiff the construction payment related to the G Corporation. According to the evidence No. 4, No. 2, No. 3, and No. 4, the Defendant, on April 1, 2019, agreed to the Plaintiff that “H (hereinafter “H”) shall directly pay the Plaintiff the construction payment amount of KRW 2,500,” and on the same day, the Plaintiff prepared a written statement of direct payment, stating that “I will not transfer the Defendant’s criminal liability to the Defendant at the time of receiving the construction payment from the owner of the building.”