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1. The Defendant shall pay to the Plaintiff KRW 11,247,830 and the interest rate of KRW 12% per annum from November 16, 2019 to the date of full payment.
Reasons
1. Basic facts C Co., Ltd. subcontracted to D Co., Ltd. with respect to the construction of new apartment buildings in Seosan and Seojinjin, which was implemented from around 2016 to around 2018, terminated the subcontracting, and made the subcontracting to the Defendant and E Co., Ltd. (hereinafter all the name of the Co., Ltd. omitted) around October 2016. E is a corporation actually operated by F, the Defendant’s representative, and the fact that the Plaintiff supplied materials, etc. to the construction site of the apartment building in Seosan and Seojinjin, is not a dispute between the parties.
2. Determination
A. According to the evidence submitted by the Plaintiff, the Plaintiff supplied the Defendant and E with civil engineering, concrete products, and safety supplies from May 2017 to September 2017, 2017. The Plaintiff paid KRW 12,687,00 from the Defendant around September 29, 2017 with respect to the price of the goods, and KRW 10,412,00 from the direct payment of KRW 11,00,00,000 remaining after appropriating the price of the goods to E (i.e., KRW 11,00,000, KRW 100,000 - 10,412,000 -10,000,000 -10,412,000 -10,412,000,000 won for the goods remaining after appropriating the price of the goods to the Defendant (i.e., remaining price of the goods)
Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 11,247,830, which is the amount claimed by the plaintiff within the scope of the remaining amount of the goods, and damages for delay calculated at the rate of 12% per annum from November 16, 2019 to the day of full payment, as claimed by the plaintiff, as the day following the delivery date of the copy of the complaint in this case.
B. The part of the claim for the purchase price of goods is that the Defendant, who managed the construction site as a new subcontractor after the termination of the subcontract agreement between C and D, reviewed and confirmed all the list of goods and materials for the Plaintiff’s supply at the construction site and completed the construction.