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1. The Defendant’s KRW 45,570,60 for the Plaintiff and KRW 6% per annum from March 6, 2014 to September 16, 2015.
Reasons
1. Facts of recognition;
A. On November 2012, the Plaintiff: (a) around December 2012, the Plaintiff was awarded a contract with the Defendant for each of the instant construction work on the instant reinforced concrete molding construction work on the ground (the instant construction work; hereinafter “instant construction work”); (b) B around December 2012, and on the ground (three complexes) of the instant construction work cost; and (c) KRW 149,940,00; and (d) KRW 67,241,600 of the construction cost of the three complex construction cost.
B. On January 11, 2013, the Defendant directly paid to the Plaintiff KRW 132 million in total with the construction cost of three complex complexes, including KRW 99,713,400, as the instant construction cost. Of the construction cost of three complex complexes, the Defendant directly paid KRW 35 million to the subcontractor on January 11, 2013 pursuant to the direct payment agreement between the original Defendant and the subcontractor.
(2) The amount of the claim in this case is calculated by deducting 45,00 won, which was additionally deposited as the construction cost of the three complex. (3)
Meanwhile, Nonparty C actually carried out the instant construction and three complex construction in the Plaintiff’s name. On June 12, 2013, Nonparty C requested the Defendant to make a direct payment for KRW 4,656,000, total amount of wages of D, E,F, and G, a worker of the instant construction. Accordingly, the Defendant paid the said wages directly on June 14, 2013.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 4, witness C's statement
2. The assertion and judgment
A. On June 12, 2013, the Plaintiff asserted that the construction cost of the instant construction project was unpaid, and the Defendant, on behalf of the Plaintiff, directly paid the wages and material costs to the workers or material suppliers at the instant construction site on behalf of the Plaintiff, and the grounds for reimbursement are asserted.
B. The plaintiff denies all of the workers' wages and material prices and denies the fact that the defendant directly paid KRW 4,656,00 in total of the wages of D, E, F, and G at C's request for direct non-payment, as seen in the above facts of recognition. Therefore, the ground for repayment of this amount is justified.
However, the Plaintiff.