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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 8,161,490 as well as to November 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person operating electrical construction business under the trade name of “C,” and the Defendant is a company running solar power generation facility business.
B. On September 13, 2013, the Defendant awarded a contract for D Construction Work (hereinafter “D Construction”) to the Korea Electricity Co., Ltd. (hereinafter “Korea Electricity Co., Ltd.”), and on December 11, 2013, the Korea Electricity Co., Ltd. subcontracted the instant electrical construction (hereinafter “instant construction”) to the Plaintiff at KRW 240,00,000 (excluding value-added tax) for the said construction.
(hereinafter “instant subcontract”). (c)
In relation to the completion of the instant construction, the Plaintiff received KRW 10,626,00 from the Defendant’s side the payment of KRW 10,626,00 as the price for the said cable construction on January 15, 2014, and received KRW 17,111,600 from the Defendant’s side around January 12, 2014, and received KRW 17,11,600 from the Defendant’s side around March 6, 2014.
1) On January 28, 2014, the Plaintiff and the Korea Electric Power Co., Ltd. drafted a written consent on the direct payment of the subcontract price with the purport that the Defendant agreed to pay the Plaintiff the construction price of KRW 100,000,000 to the Plaintiff directly (hereinafter “instant direct payment consent”). The Plaintiff and the Korea Electric Power agreed to pay the Plaintiff the construction price to be paid directly by the Defendant on March 14, 2014. The written agreement at the time of the agreement includes KRW 318,00,000,000.
(hereinafter “instant direct payment agreement”) e.
The Defendant paid KRW 100,00,000,000 on January 28, 2014, and KRW 100,000,000 on March 17, 2014, and KRW 50,000,000 on March 18, 2014, and KRW 71,836,40 on March 20, 2014, respectively, to the Plaintiff according to the instant direct payment agreement and direct payment agreement.
However, on March 17, 2014, the Plaintiff transferred KRW 100,000,000 to the account of E, the representative director of the Defendant, following the date when the Plaintiff received KRW 100,000 from the Defendant.
recognized.