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1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from October 29, 2012 to January 21, 2014 to the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff, at Ansan-si, had a direct payment agreement with the Plaintiff for the subcontract, while performing the construction work after receiving a subcontract from the original contractor.
However, since some of them were not paid 10 million won, the defendant is obligated to pay the remainder and delay damages to the plaintiff.
B. The construction amount was fully paid upon completion of the part of the Plaintiff’s work ordered by the Defendant. At the time, the Plaintiff filed a claim against the original contractor with a lot of KRW 100 million instead of stating less than KRW 100 million, thereby allowing the Plaintiff to pay KRW 100 million to the original contractor.
Since the plaintiff agreed to pay the construction cost of KRW 100 million to the original contractor, the defendant is not obliged to pay the additional construction cost of KRW 100 million to the plaintiff.
2. recognised facts;
A. On October 20, 2010, the Defendant awarded a contract for KRW 5,288,070,000 for the first construction cost, and KRW 1,000 for the second construction cost, KRW 270,00 for the second construction cost, and KRW 6,288,340,00 for the second construction cost, to the Dasan Construction Co., Ltd. (hereinafter “Dasan Construction”) and Dasan Construction Co., Ltd. (hereinafter “Dasan Construction”).
B. On January 31, 2012, 300, 421,300,000, and construction period from February 1, 2012, 2012, for the Plaintiff during the construction of this new building project, for the cost of subcontract for the installation of the outer team.
4. 30. A subcontract was made on the basis of 30.
The new construction and Dasan Construction were subcontracted by dividing 10 parts of the new construction into 10 parts of the new construction.
C. On February 13, 2012, the Plaintiff and the Defendant agreed to pay the said subcontract price directly to the Plaintiff (hereinafter “this direct payment agreement”). The main contents of the agreement include ① Chang Chang Construction, Dasan Construction and the Plaintiff’s subcontract price.