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1. The Defendant: 144,419,420 won to the Plaintiff, and 5% per annum from March 13, 2018 to May 3, 2019.
Reasons
1. Basic facts
A. Between the parties concerned, the Defendant is a company that subcontracted the part of the printing panel work (hereinafter “instant construction”) to F Co., Ltd. (hereinafter “F”), and the Plaintiff supplied F Co., Ltd. with the secondary materials of the panel in the construction cost of KRW 2,860,000,000 (including value-added tax) for E construction to build educational and research facilities (hereinafter “instant building”).
B. 1) As between F and F on January 26, 2017, the Defendant entered into a subcontract (hereinafter referred to as “instant subcontract”) with the contract price of KRW 407,00,000 (including value-added tax, advance payment of KRW 122,10,000) for the instant construction project, and with the construction period from January 26, 2017 to February 20, 2017, for which the subcontract is subcontracted (hereinafter referred to as “instant subcontract”).
(B) On February 20, 2017, the construction period of the instant construction was extended to April 15, 2017. 2) C obtained approval for the use of the instant building from the Ansan Market on May 25, 2017.
C. On June 9, 2017, the Plaintiff received a seizure order of the claim against F, as to KRW 291,49,478, out of the instant construction cost claim of the instant case, and on December 19, 2017, the Plaintiff received a collection order of the said claim (Ucheon District Court Branch Branch Branch Branch 2017 Other Branch 4794), and on December 19, 2017 (Ucheon District Court Branch 2017 Other Branch 109511).
(hereinafter “instant seizure and collection order”). The above seizure order was served on June 14, 2017, and the collection order was served on December 26, 2017, respectively.
[Ground of recognition] The Gap evidence Nos. 3, Eul evidence Nos. 1 and 9 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Since the Plaintiff F completed the instant construction in accordance with the instant subcontract, the Defendant is obligated to pay the Plaintiff, a collection authority of the instant claim attachment and collection order, the amount payable, KRW 207,00,000 among the construction cost of the instant case, and delay damages therefrom.
B. Defendant 1 F is merely the construction of the instant construction by 95%.