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1. The Defendant’s KRW 8,660,838 as well as the Plaintiff’s annual rate of 6% from May 31, 2013 to May 17, 2016, and the following.
Reasons
1. Basic facts
A. On July 2012, the Defendant was awarded a contract for the new construction of the D Training Institute located in Naju City from C Co., Ltd.
B. From December 2012 to April 2012, the Plaintiff carried out the dismantling and rearrangement work of the said new construction work (hereinafter “instant construction work”).
C. During the above period, the head of the On-Site E prepared and awarded a protocol of the work of this case to the Plaintiff.
According to the record of the court below, 110,680,90 won in total, and 33,633,070 won in the construction payment from April 9, 2013 to April 8, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) On December 26, 2012, the Plaintiff concluded a contract for work that determines the calculation of construction cost by confirming the construction work performance each month and preparing a work report with respect to E and the instant construction work entrusted by the Defendant or the Defendant. 2) Even if there was no authority to conclude the said contract with E, the Plaintiff was bound to believe that E had the authority to act for the Defendant, and thus, the Defendant is responsible for the said contract by means of an expression agency.
3) Even if the expressive agent is not constituted, the Defendant did not raise any objection against the Plaintiff’s progress of the instant construction, and paid part of the price to the Plaintiff, and thus, ratified the said contract. 4) The Plaintiff completed the instant construction in accordance with the said contract, but the Defendant did not pay KRW 40,695,000 out of the construction price from February 1, 2013 to April 30, 2013.
Therefore, the Defendant is obliged to pay the Plaintiff the above construction cost of KRW 40,695,00 and the delay damages from May 31, 2013, which is the payment date of the construction cost stipulated by the agreement.
(b).