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1. The Defendant shall pay to the Plaintiff KRW 101,352,00 and the interest rate of KRW 15% per annum from August 20, 2016 to the date of full payment.
Reasons
1. Summary of the parties' arguments;
A. On September 1, 2015, the Plaintiff entered into a contract with the Defendant for the construction cost of KRW 1,365,000,000 during a new construction project, and for the construction period from September 1, 2015 to March 31, 2017. (2) The Defendant did not pay to the employees, such as B, the personnel cost of KRW 90,020,000 and KRW 11,352,00 in total for food and lodging consumption.
3. On May 17, 2016, the Plaintiff received a claim for the above personnel expenses from B, and B, for the same year.
6. 21. The Defendant notified the assignment of claims.
In addition, on June 17, 2016, the Plaintiff was assigned to C with the above food stand and the boarding consumption claim, and C was assigned to C in the same year.
7. 5. The Defendant notified the assignment of claims.
4) The Plaintiff paid to B the above personnel expenses of KRW 90,020,00 for food and night consumption of KRW 11,352,00 for food and night consumption of KRW 101,372,00 for food and night consumption of KRW 5) In the first place, the Defendant is obligated to pay to the Plaintiff the amount of KRW 101,372,00 for entertainment expenses of KRW 90,020 for night consumption and KRW 11,352,00 for night consumption, and delay damages therefor.
Preliminaryly, if the assignment of each of the above claims is unlawful, the defendant gains a benefit from discharging his obligations against B and C by the plaintiff's repayment, and thus, the plaintiff is obliged to pay 101,372,000 won as the return of unjust enrichment and delay damages.
B. Defendant 1) The contract between the Plaintiff and the Defendant is based on the Defendant’s dominant power (hereinafter “Nonindicted Company”) under the direction of the Plaintiff.
(2) The non-party company suspended construction work on December 2015, 2015 because the Plaintiff failed to pay the construction price to the non-party company properly.
3 The plaintiff demanded the defendant to proceed with construction works under the contract for construction entered into in the name of the defendant and the contract performance guarantee insurance policy issued by the defendant, and the defendant must have no choice but to do so from March 7, 2016.
6. By December 29, 200, the construction of the site and human resources shall be managed under the direction of the plaintiff, and the name of the defendant.