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1. The defendant shall pay to the plaintiff 51,052,705 won and the interest rate of 12% per annum from September 18, 2020 to the day of complete payment.
Reasons
In fact, C and D Co., Ltd (hereinafter “D”) entered into a construction contract with D on March 7, 2016 for the construction of a new apartment complex-type F-type multi-household (hereinafter “instant construction”) with E and three parcels of land (hereinafter “instant construction”) to contract the construction cost of KRW 1,609,500,000.
On March 20, 2016, the Defendant entered into a subcontract with D to receive KRW 540,000,000 among the instant construction works.
From March 2016 to April 2016, the Defendant purchased steel from G (State) to G (State) the price of KRW 38,650,755 won (=18,704,235 won) at KRW 19,946,520) in the instant construction site. From March 2016 to June 2016, the Defendant purchased equipment from H (I) for KRW 3,410,00 (=2,640,000, KRW 2,200,000, KRW 1,210,000). On April 30, 2016, the Defendant purchased miscellaneous materials from J (K) for KRW 8,91,950, KRW 950.
The above company issued a tax invoice in the name of the plaintiff.
C and D decided to waive the instant construction work contracted by D on July 21, 2016, and thereafter C performed the construction work directly for the sole purpose. On June 30, 2016, C and D drafted a written agreement with each business entity to the effect that each business entity is directly treated and the responsibility of the corporation after July 1, 2016.
D With the Plaintiff on January 17, 2019, the Plaintiff entered into a subcontract agreement of KRW 540,00,000 among the instant construction works, and agreed to deposit the construction cost of KRW 31,188,000 issued under the name of the Plaintiff in the Plaintiff. Of them, 101,610,000 for KRW 238,451,480 and the unpaid amount was transferred to the Plaintiff. On May 15, 2019, the Plaintiff notified C of the said assignment of the credit.
L, M, which received a sub-subcontract from the Defendant for the construction of the instant framework and the basic construction of the instant construction and the construction of steel and concrete-related construction, filed a suit for the claim for the construction price against the Defendant, and the court on April 12, 2018 is D.