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1. The Defendant shall pay to the Plaintiff KRW 179,386,390 as well as 20% per annum from November 19, 2014 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 6 (including various numbers for each number):
The plaintiff is a small and medium enterprise with the purpose of painting construction work and reinforced concrete construction work business, and the defendant is a company with the purpose of the trust of land and its fixtures and construction business related thereto.
B. The East Asia Construction Industry Co., Ltd. (hereinafter “Dong Construction”) contracted with the Defendant for a construction project for the construction of a multi-functional complex in Yongsan-gu Seoul Special Metropolitan City Nowon-gu, Yongsan-gu, a single-use shop with the head of Yongsan-gu. On July 25, 2013, the Plaintiff subcontracted the said construction project to the head of the building project for painting (hereinafter “instant construction project”).
Of the total construction cost of KRW 1,39,643,510, the Defendant paid KRW 298,174,80 to the Plaintiff among the total construction cost of KRW 1,39,643,510 on September 9, 2013, KRW 367,519,660 on October 10, 2013, KRW 250,000 on December 9, 2013, KRW 904,156,445 on February 46, 2014, KRW 298,174,80 on the part of the Plaintiff’s sewage subcontractor, and KRW 17,925,875 on the part of the site related to the instant construction work.
C. Meanwhile, on July 31, 2014, Dong Construction applied for the commencement of rehabilitation proceedings as Seoul Central District Court 2014 Gohap146 on August 25, 2014, and the rehabilitation procedure began on August 25, 2014.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was: (a) while the Plaintiff was awarded a subcontract for the instant construction project from the East Asia Construction and completed the construction project; (b) East Asia Construction paid KRW 179,386,390 of the subcontract price (i.e., total construction cost of KRW 1,39,643,510 of the subcontract price; (c) Defendant’s amount of KRW 904,156,445 of the subcontract price; (d) Plaintiff’s subsidies for sewage-based suppliers - amounting to KRW 298,174,80 of the site mutual-aid amount of KRW 17,925,875 of the site mutual-aid amount; and (e) the Plaintiff, Defendant, and East Asia Construction agreed to pay the construction price directly to the Plaintiff on July 2013, the Defendant, who is the ordering person,