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1. The defendant shall pay 38,00,000 won to the plaintiff and 20% per annum from March 10, 2015 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1 through 7, the witness Eul's testimony, and the witness Eul's witness Eul's partial testimony.
① The Defendant received contracts from D and E for the construction work of 1,050,000 won for the construction work of 1,050,000 won for Gyeongjin-gun, G, and H ground I.
② On January 17, 2014, the Defendant subcontracted the construction cost of KRW 70,00,000 with respect to water supply and drainage pipes, boiler pipes, etc. among the construction works of G, G, and H I multi-household housing units, to B.
B, in addition to the parts to be constructed under the contract, the B carried out the installation of boiler, the installation of a stove, and the sanitary pipeline construction.
(3) On February 11, 2015, B transferred to the Plaintiff KRW 38,00,000 (the “J” in the B-transfer contract and the written notice of assignment of claims, but this appears to be a clerical error, which appears to be a clerical error. The Plaintiff notified the Defendant of the said assignment of claims to the Defendant on the same day upon delegation of the authority to notify the assignment of claims from B, and the said notification was delivered to the Defendant on February 13, 2015.
④ On September 25, 2014, the Defendant drafted a certificate of direct payment for the construction cost that B did not receive KRW 38,000,000 out of the construction cost of the instant construction project and that D and E, the owner of the instant construction, demanded direct payment.
(2) The witness C’s testimony against this shall not be trusted. (2)
Judgment
According to the above facts, B was not paid KRW 38,00,000 for the construction work of this case. Thus, the defendant who contracted the construction work of this case to B, ordered the plaintiff who acquired the claim for the construction work of this case from B, and the original copy of the payment order of this case as requested by the plaintiff.