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1. Defendant C’s KRW 13,600,000 as well as 5% per annum from January 14, 2017 to April 4, 2019 for the Plaintiff.
Reasons
1. Basic facts
A. On November 30, 2015, the Plaintiff received part of the process (i.e., cooking, design works, and waterproof works) of the Empire Factory Construction Work from D Co., Ltd. from KRW 225,000,000.
B. On March 1, 2016, the Plaintiff entered into a subcontract agreement with Defendant C and the aforementioned partial processes with the amount of KRW 160,000,000,000, and the construction period from March 1, 2016 to March 31, 2016 (hereinafter “instant subcontract agreement”).
After that, around March 20, 2016, the Plaintiff agreed to exclude from the contract between C and the subcontractor of this case the amount of the subcontracted project (36,597,900 won).
C. On May 15, 2016, Defendant C discontinued the instant construction project, in which the Plaintiff did not pay progress payment due to the start-up of April 2016 while performing the instant subcontracted construction project (hereinafter “instant construction project”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 8, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion 1) asserted that there was the content of the additional construction in relation to the instant construction project and demanded the Plaintiff to reflect the content thereof at the time of paying the progress payment. The Plaintiff accepted it and paid KRW 123,305,732 for the construction site expenses and the progress payment exceeding the purpose of paying wages in the instant construction project in the name of Defendant B. However, the Defendants appears to have used the progress payment in excess for the purpose unrelated to the instant construction project. However, the amount of the progress payment up to May 15, 2916, which was the time of the discontinuance of the instant construction project, is merely KRW 71,572,500,00. Therefore, the Defendants are liable to jointly and severally return the said KRW 51,73,232 to the Plaintiff, without any legal cause, to the same amount as the said progress payment exceeds the above progress payment amount.