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1. The Defendant’s KRW 84,400,000 as well as 6% per annum from March 22, 2017 to May 16, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 8, 2016, the Central Comprehensive Construction Co., Ltd. subcontracted to the Defendant a glass construction among the wife population B works (hereinafter “instant glass construction”) on the basis of which the type and size of the glass to be used in the instant glass construction was determined as “KT140 (hereinafter “instant glass”).
B. The Defendant, who subcontracted the instant glass construction, requested the Plaintiff to supply the instant glass and perform the instant glass construction. At the time, the instant glass had already been severedd.
C. Accordingly, on December 7, 2016, the Plaintiff notified the Defendant’s director and the on-site agent exercising overall control over the site of the instant glass construction project, and sent a quotation based on the heavy domestic glass (hereinafter “domestic glass”), the quality of which is similar to that of the instant glass, and the sample of domestic glass of this case on December 8, 2016, respectively.
On December 9, 2016, the Plaintiff took place orders or permits from C to perform the instant glass construction in Korea, and entered into a contract with the Defendant on December 22, 2016, with the terms that “126,500,000 won (the amount was reduced to 114,400,000 won pursuant to the Work Agreement between the Plaintiff and the Defendant on January 12, 2017)” and that “30% of advance payment (30,000,000 won), monthly payment, and from the first day of the next month to the end of the next month, the term ingredients for the completion shall be 90% payment between the end of the next month and the end of the next month.”
However, the estimate attached to the said sub-subcontract was written in the form and size of glass to be used in the instant glass construction, not in the domestic glass of this case.
E. On December 26, 2016, upon C’s request, the Plaintiff sent materials approval documents on the convenience of China to D, who is the head of the Defendant, and the Defendant raises any objection.