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Defendant B shall pay 270,05,000 won to the Plaintiff and 15% per annum from August 15, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On August 13, 2015, the Plaintiff entered into a construction contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the Defendant Co., Ltd. would receive sewage for KRW 450,00,000 of the construction cost of the construction work from the Busan Apartment Co., Ltd. (hereinafter “instant construction work”).
B. On December 15, 2015, the Plaintiff and the Defendants drafted a direct payment agreement on the subcontract consideration that Defendant B, the ordering person of the instant construction project, shall directly pay the Plaintiff KRW 450,000,000 for the construction cost of the instant first construction project, within the scope of the said agreement, the Defendant B’s obligation to pay the construction cost to the Defendant Company and the obligation to pay the construction cost to the Plaintiff by the Defendant Company, shall be deemed extinguished.
(hereinafter “instant direct payment agreement”) C.
After that, upon delay in the payment of the construction cost due to the First Construction Work, the Plaintiff requested Defendant B to pay the construction cost, and on July 14, 2016, Defendant B made a written pledge that the Plaintiff would settle the unpaid construction cost within 30 days after completion of the construction work (hereinafter “instant pledge”).
On the other hand, on November 5, 2016, the Plaintiff entered into a construction contract with Defendant B to receive construction cost of KRW 9,000,000 among the instant construction works (hereinafter “instant second construction contract”) separate from the instant construction contract.
E. The Plaintiff completed the instant 1 and 2 construction by November 15, 2016, and obtained approval for use on April 28, 2017, but did not receive KRW 270,05,000 out of the construction price of the instant 1 and 2 construction until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, and pleadings.