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1. The Defendant’s KRW 76,63,475 as well as 6% per annum from November 30, 2019 to August 20, 2020.
Reasons
Facts of recognition
The plaintiff is a person engaged in the business of leasing mid-term equipment, heavy equipment service, etc. in the trade name D.
C Co., Ltd. (hereinafter referred to as “Defendant”) was awarded a subcontract for reinforced concrete construction among F Corporation E on March 26, 2015.
The Plaintiff leased heavy equipment to the Defendant between March and July 2015.
On July 28, 2015, the Defendant entered into an agreement on direct payment of the cost of equipment with the Plaintiff as follows:
The name of the construction project: The amount of equipment used in April 2015, May, and June 2015: 81,197,250 won (excluding value-added tax) in the above public cases, the contractor C is obligated to pay the costs of equipment to the Plaintiff on July 28, 2015, and the contractor C is obligated to pay the costs of equipment to the Plaintiff within the scope of KRW 81,197,250 (value-Added Tax), even if the contractor (E) paid the costs of equipment in order to facilitate the implementation of the construction project and directly pay the costs of equipment in order to pay the cost of equipment, and shall not raise any civil or criminal objection. [Grounds for recognition] According to the above-mentioned facts, the Defendant is obligated to pay the costs of equipment use to the Plaintiff on July 28, 2015, and to claim damages for delay within the scope of KRW 81,197,257,476 and 737.
The defendant asserts that the fee for the use of equipment in April, May, June, 2015 should be collected from the original contractor rather than the defendant under the direct payment agreement in this case or Article 35 (2) 1 of the Framework Act on the Construction Industry.
However, the instant direct payment agreement is merely an agreement between the Plaintiff and the Defendant, and even if E directly pays the equipment costs to the Plaintiff, the Defendant does not raise any objection. The Defendant’s direct payment agreement is based on the instant direct payment agreement.