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1. The Defendant shall pay to the Plaintiff KRW 110,482,379 and the interest rate of KRW 15% per annum from July 5, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On April 21, 2015, 201, e.g., e., e., e., e., the e., the e.g., the e., the e., the e., the e.g., the e., the e., the e., the e., the e., the e., the e., the e.
B. On May 1, 2015, the Plaintiff entered into a contract to supply ready-mixeds at the construction site of the instant construction site, and began to supply ready-mixeds from May 11, 2015 to the construction site of the instant construction site.
C. On September 7, 2015, the Plaintiff, the Defendant, and the Construction Company entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with the following terms and conditions.
① The price of ready-mixed shall be paid directly to the Plaintiff pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and Article 4 of the Enforcement Decree of the same Act.
② Method and procedure for direct payment of ready-mixeds - prepare details of the quantity brought into the site at the time of carrying-in, and request the amount of ready-mixeds to be paid directly to the Plaintiff (see, e.g., Supreme Court Decision 118,90,900,090 won and the amount of purchase to be paid directly to the Plaintiff (see, e.g., Supreme Court Decision 1,104,330,480 won and the amount of purchase to be paid) ③ Defendant’s obligation to pay the price for multiple comprehensive construction and obligation to pay the amount of ready-mixeds to the Plaintiff of this comprehensive construction shall be deemed extinguished within the scope pursuant to Article 14 of the Subcontract Act.
After that, until December 8, 2015, the Plaintiff supplied to the construction site of this case, the outstanding amount is KRW 231,510,170, and the Defendant paid only KRW 114,618,642, out of the outstanding amount on December 11, 2015.
E. Meanwhile, on October 25, 2016, when the instant lawsuit was pending, the Plaintiff received dividends of KRW 6,409,149 in the Daejeon District Court A distribution procedure case.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 and 2.