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1. The Defendant’s KRW 77,00,000 and the Plaintiff’s annual rate of KRW 6% from May 28, 2015 to September 11, 2015.
Reasons
1. Summary of the parties' arguments
A. On March 15, 2015, the Plaintiff concluded a contract with the Defendant for fire-fighting system installation costs of the Defendant’s factory located in Samsung-si (hereinafter “Defendant factory”) at KRW 77,000,000, and completed the construction upon obtaining a certificate of completion of fire-fighting system construction on May 27, 2015.
B. The Defendant contracted fire-fighting system installation works of the Defendant factory to D, which is operated by C, along with the factory remodeling work, and paid the construction price to C on June 10, 2015.
Therefore, since the Plaintiff is in a position to receive a subcontract for fire-fighting system installation works from C, it cannot accept the Plaintiff’s request for construction cost.
2. The identity of the party to the judgment is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of expression, and where the contents of a contract are written in writing, which is a disposal document, the objective meaning that the parties have given to the act of expression shall be reasonably interpreted according to the contents written in writing, regardless of the internal intent of the parties. In this case, if the objective meaning of the text is clear, unless there are special circumstances, the existence and contents of the declaration of intention shall be acknowledged.
(See Supreme Court Decision 2012Da4471 Decided November 29, 2012). In light of the aforementioned legal principles, the following circumstances acknowledged by comprehensively taking into account the respective entries and the overall purport of the arguments in the evidence Nos. 1, 2, 4, 5, 6, 7, 9, and the evidence Nos. 1 (including a serial number) and the evidence Nos. 1 (including a serial number), namely, ① the Plaintiff and the Defendant prepared a standard construction contract stipulating the contract amount of KRW 77,00,000 for fire-fighting system installation between the Defendant and the Defendant; ② the racing chief of fire station issued on May 27, 2015, the Plaintiff is a fire-fighting system construction business operator.