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1. The Defendant shall pay to the Plaintiff KRW 146,905,00 and the interest rate of KRW 15% per annum from March 11, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff operates a vacation and a funeral business under the trade name of “C”, and the Defendant is operating a vacation, a funeral business, and a construction business under the trade name of “D”.
B. On July 15, 2014, the Korea Railroad Corporation entered into an agreement on technical use with Sweak Sweak Sweak Co., Ltd. (hereinafter “Sweak”) to allow successful bidders of E Station, F Station, G Station, Three Station roof waterproof and other construction works (hereinafter “instant construction works”) to use “the method of building maintenance and repair” under Article 10-0508729 (hereinafter “instant patent”).
C. On August 2014, the Korea Railroad Corporation awarded a contract to the Defendant for the instant construction cost of KRW 318,758,00 (including value-added tax; hereinafter the same shall apply).
(hereinafter “instant contract”). D.
On August 18, 2014, the Defendant awarded a subcontract for the instant construction work at KRW 250,00,000 for the construction cost (hereinafter “instant subcontract”). The construction period under the instant subcontract was from August 18, 2014 to November 15, 2014, and the payment period for the construction cost was set as the completion date of the instant construction work.
On the other hand, around August 2014, the defendant reported himself to the Korea Railroad Corporation as the field agent of the construction of this case, and the plaintiff as the construction manager.
E. On August 20, 2014, the Plaintiff directly performed the G basin part of the instant construction, and on August 20, 2014, the Plaintiff had H re-subcontract Ha perform the said construction work at KRW 87,270,000 of the construction cost of the instant construction.
F. The Korea Railroad Corporation completed the completion inspection on November 26, 2014.
G. As indicated below, the Defendant paid the construction cost under the instant subcontract to the Plaintiff, or paid the Plaintiff a total of 103,095,000 by instead of the labor cost and the equipment rental fee to be paid by the Plaintiff.