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1. The Defendant’s KRW 9,480,00 and the following day shall be 6% per annum from March 8, 2016 to June 28, 2017 to the Plaintiff.
Reasons
1. 사실관계 [인정근거] 갑 1∽3호증, 을 1호증의 22, 23의 각 기재, 변론 전체의 취지 원고는 피고가 ㈜플러스원종합건설에 발주한 ‘B(주) 증축공사’ 중 창호, 유리공사(이하, 이 사건 공사)를 2011. 7. 10. ㈜플러스원종합건설로부터 공사대금 9,185만 원(부가가치세 포함)에 하수급하였다.
On May 14, 2013, the Plaintiff, the Plaintiff, and the Plaintiff, and the Defendant agreed to directly pay the Plaintiff the subcontract price equivalent to KRW 2748,80,000 (including value added tax) of the construction project in the instant case (hereinafter “instant direct payment agreement”).
On July 10, 2013, the Defendant remitted the instant construction cost of KRW 10 million to the Plaintiff.
2. The summary of the Plaintiff’s assertion and determination: ① The total construction cost of this case is KRW 90,1850,000 (including value-added tax) and KRW 11,6930,000 (including value-added tax) plus the additional construction cost of KRW 25,080,000. The construction cost received from the Plaintiff is KRW 8,2370,000 (= KRW 63,770,000), and the Defendant is obligated to pay KRW 3,456,00 (= KRW 11,6930,000 - KRW 8,2370,00) according to the direct payment agreement of this case.
② The instant direct payment agreement was made regarding KRW 27,480,000 of the amount of the construction contract, which was not received, and KRW 5,2282,00,000,000,000,000,000,000,000 was paid from the Defendant after the instant direct payment agreement. As such, the Defendant is obligated to pay the difference of KRW 3,228,00 (=50,280,000 - 18,000) to the Plaintiff.
The defendant's assertion: The instant direct payment agreement is merely limited to the fact that the defendant's representative director, not the defendant, confirmed the direct payment agreement between the plaintiff and the plaintiff and the plaintiff, and the plaintiff and the plaintiff, and there is room to regard it as a contract of assignment of claims between the plaintiff and the plaintiff, and the plaintiff, and the plaintiff, and there is no fact that the defendant received the notification and approval of the assignment of claims with the fixed date. Thus, the plaintiff'
The cause of the claim.