beta
Text
1. The Defendant shall pay to the Plaintiff KRW 47,438,460 and interest rate of KRW 15% per annum from September 18, 2015 to the date of full payment.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3:
The Plaintiff, at the request of B on August 16, 2013, continued a wooden construction among C Corporation, and completed the said construction on November 11, 2013.
B. On September 17, 2013, the Plaintiff received each payment of KRW 5,500,00 (including surtax), KRW 12,761,540 on October 30, 2013, and KRW 11,000,00 (including surtax) on August 8, 2013, and on September 12, 2014, the Plaintiff prepared a written confirmation confirming that the remainder after deducting the fixed payment from KRW 75,20,000 (excluding surtax) was 47,438,460 (excluding surtax).
2. The parties' assertion and judgment
A. The plaintiff alleged that B subcontracted the instant construction work on behalf of the defendant as the field agent of the defendant, and confirmed the unpaid construction price, and sought payment of the unpaid construction price against the defendant as confirmed by B.
The defendant asserts that the defendant does not have the right to determine the construction cost on behalf of the defendant or to confirm the unpaid construction cost.
B. In light of the following circumstances, which are acknowledged by the parties to the judgment or by comprehensively taking into account the aforementioned evidence, the statements in Gap 4 through 8, the witness Eul's testimony, and the overall purport of the pleadings, namely, the defendant Do, Eul's acceptance of the construction site of this case suspended by Eul, and acknowledged that Eul was in charge of management of the construction site of this case to Eul during the initial period of time, and Eul entered into a construction contract with subcontractors including the plaintiff in possession of the defendant's overall director's name, and the defendant also paid the construction cost of this case to the plaintiff under the construction contract of this case concluded between the plaintiff and Eul.