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1. The Defendant’s KRW 101,355,00 for the Plaintiff and 6% per annum from April 4, 2017 to January 24, 2018.
Reasons
1. Determination on the cause of the claim
A. On October 20, 2016, the Defendant was awarded a contract with the Korea Airports Corporation for the “Cromoty Exhibition Corporation” (hereinafter “Cromoty Corporation”). On October 20, 2016, the Plaintiff was awarded a subcontract with the Defendant for the construction cost of KRW 29 million (including value-added tax) and the construction period from November 1, 2016 to December 20, 2016.
3) The Plaintiff completed the instant construction by December 20, 2016. Around December 21, 2016, the Plaintiff agreed with the head of the Defendant’s on the part of the site manager D to additionally establish a metal board construction cost of KRW 10 million (excluding value-added tax), and the said additional construction was completed by December 24, 2016. D reported and obtained approval from the Defendant to the Defendant’s full-time manager, who is in charge of the construction work prior to the said agreement, on December 9, 2016, and on December 19, 2016, the Plaintiff received KRW 90,500,000,000,000,000 from the construction cost.
[Ground of recognition] Facts without dispute, Gap1 to 10 items, witness D's testimony, purpose of whole pleading
B. As an employee with a partial comprehensive power of attorney as stipulated in Article 15 of the Commercial Act, the site manager at the construction site is ordinarily authorized to conclude a subcontract related to the construction project and pay the construction cost thereof in addition to the management of materials and labor (see Supreme Court Decision 94Da20884, Sept. 30, 1994). Since D of the Defendant’s site manager reported the matters concerning the above additional construction to the E managing director who is in general in charge of the construction project and obtained approval, it shall be deemed that the subcontract was concluded between the Plaintiff and the Defendant regarding the said additional construction.
Therefore, the Defendant, barring special circumstances, shall pay to the Plaintiff KRW 120,3850,00 (including value-added tax) for the remainder of the construction project due to the instant construction project and the additional construction project, which is KRW 220,000,000 (including value-added tax) - KRW 9,615,00)