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Defendant B’s 816,934,800 won and 6% per annum from April 29, 2018 to December 6, 2018.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. is an implementer of the instant construction project of the E hotel in Youngdo-gu Busan Metropolitan City D (hereinafter “instant construction”) and Nonparty F Co., Ltd is the contractor of the instant construction project.
Defendant C is a subcontractor for part of the instant construction work by Nonparty F Co., Ltd., and the Plaintiff is a sub-subcontract for part of the instant construction work by Defendant C.
B. On March 28, 2017, the Plaintiff entered into a contract for construction (hereinafter “contract for re-subcontract”) with Defendant C, setting the construction cost of KRW 1,617,00,000 with respect to the portion of the waterside construction during the instant construction (hereinafter “waterside construction”) as KRW 1,617,00,000, and the construction period from April 1, 2017 to October 30, 2017, with the penalty rate of KRW 0.1% for delay, respectively.
C. Since then, on November 1, 2017, the Plaintiff and the Defendant C concluded a contract to change the construction period of the instant re-subcontract from April 1, 2017 to December 20, 2017, and concluded a contract to change the construction period of the instant re-subcontract from April 1, 2017 to January 31, 2018. On December 20, 2017, the Plaintiff and the Defendant C concluded a contract to change the construction period of the instant re-subcontract from April 1, 2017 to January 31, 2018. On January 31, 2018, the contract was concluded to change the construction period of the instant re-subcontract from April 1, 2017 to March 31, 2018.
On the other hand, on March 28, 2017, the Plaintiff, Defendant B, Nonparty F, and Defendant C concluded a direct payment agreement that directly pays the instant sub-subcontract to the Plaintiff, which is the sub-subcontract, the Plaintiff Company, which is the implementer, on March 28, 2017. On January 31, 2018, the Plaintiff and Defendant C concluded a direct payment agreement in the same manner as the re-subcontract was re-subcontracted by reflecting the construction period and the construction cost of the re-subcontracted contract as of January 31, 2018 between the Plaintiff and the Defendant C on January 31, 2018 (hereinafter “instant direct payment agreement”).
The main text of the instant direct payment agreement is as follows.