beta
Text
1. The Defendant’s KRW 200,000,000 for the Plaintiff and the following: 6% per annum from June 28, 2014 to December 15, 2014.
Reasons
1. Facts of recognition;
A. On April 26, 2013, the Defendant: (a) ordered “C Co., Ltd.” (hereinafter “B”); (b) 870,000,000,000 of the project cost for sampleing and unclaimed construction among “D New Construction”; and (c) 452,00,000,000 of the project cost for the “E Apartment New Construction” ordered by Alley Co., Ltd. on August 5, 2013; and (d) on the same day, the Defendant continued to perform each contracted construction work for KRW 743,00,00,00 of the project cost for the “F Apartment New Construction” ordered by B Co., Ltd. (hereinafter “B”); (c) but (d) the Defendant delayed payment of the labor cost equivalent to the total amount of KRW 214,159,500,00 for the construction work.
B. On June 27, 2014, in order to resolve the problem of overdue personnel expenses, the Defendant prepared and issued a letter of delegation to the Plaintiff on the part of the Plaintiff regarding the total amount of the instant construction site, personnel expenses, materials expenses, on-site meals, and disposal of defects at the construction site. In order to resolve the delay in personnel expenses of each of the instant construction site, the Plaintiff borrowed KRW 150,000,000 from B on June 27, 2014, and prepared a certificate of monetary appropriation to use the said KRW 150,000,000 to B as expenses for materials expenses, personnel expenses, etc. in each of the instant construction site.
C. Pursuant to the foregoing monetary loan agreement, B paid 150,000,000 won in total, among June 27, 2014 and June 30, 2014, to 23 side members, including G, on behalf of the Plaintiff. On June 27, 2014, the Plaintiff paid 50,000,000 won in total for the personnel expenses in arrears to 11 side members, including H, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1, 2, Eul evidence 1, 2, and 4, witness I's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, the Plaintiff may pay the Defendant a labor cost obligation on behalf of the Defendant in accordance with the delegation agreement with the Defendant and claim for reimbursement.