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1. Defendant B shall pay to the Plaintiff KRW 48,306,060 and the interest rate of KRW 15% per annum from June 17, 2016 to the date of full payment.
Reasons
1. Claim against the defendant B
A. On October 10, 2015, the Plaintiff received a subcontract from Defendant B who runs the construction business with the name of “C” (hereinafter “instant construction”) from Defendant B, Gyeongnam-gun, Busan-gun (hereinafter “instant construction”), and as to the construction cost of KRW 48,306,060 due to the completion of the instant construction project from October 15, 2015 to October 30 of the same year, and the Plaintiff’s claim for damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the instant complaint to the day of full payment.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Claim against Defendant A corporation
A. (1) The Plaintiff’s assertion (1) around October 10, 2015, the Plaintiff received a subcontract for the instant construction work from Nonparty E, a non-registered director of Defendant A Co., Ltd. (hereinafter “Defendant A”), and completed it from October 30, 2015. Upon Defendant A’s request, the Plaintiff issued a tax invoice in the name of Defendant B “C”. As such, Defendant A and the Plaintiff jointly and severally liable to pay the instant construction cost to the Plaintiff as KRW 48,306,060, and damages for delay pursuant to the legal doctrine of the parties to the instant construction contract or the expressed representative director under Article 395 of the Commercial Act.
(2) Defendant A’s assertion only entered into a subcontract construction contract with C and paid construction cost to C, and there is no fact that the instant construction contract was entered into between the Plaintiff and the Plaintiff, and thus, Defendant A did not have the obligation to pay the construction cost to the Plaintiff.
B. The following facts are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 2-1, 2, and 1-1 to 9 of the evidence Nos. 2-1, i.e., Defendant A contracted the instant construction from an interesting Construction Co., Ltd. and subcontracted to Defendant B, Defendant A issued a tax invoice to the interesting Construction around October 27, 2015, and C issued a tax invoice to the Defendant.