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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 59,943,300 and the interest rate thereon from October 3, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant medical corporation C (hereinafter “Defendant Foundation”) related to the parties is a foundation that contracted the extension of the Fvalescent Hospital in Seoul Special Metropolitan City, Nowon-gu to Defendant B Co., Ltd. (former Mutual D Co., Ltd.; hereinafter “Defendant Company”). The Defendant Company subcontracted the construction work among the said new construction works to the Plaintiff.
B. On May 9, 2018, the Defendant Foundation contracted a new construction project in a convalescent hospital of the Defendant Foundation, which was designated and contracted to the Defendant Company for the construction cost of the instant extension project up to KRW 935,00,000 (excluding value-added tax) and October 15, 2018.
C. 1) On August 1, 2018, Defendant Company subcontracted electrical construction among the instant extended construction works to the Plaintiff by setting the construction cost of KRW 82.5 million (including value-added tax) and by October 15, 2018 for the construction period (the foregoing subcontract is referred to as “the first subcontract”).
(2) Around October 2018, Defendant Company subcontracted to the Plaintiff the main repair works and additional construction works of the said Fvalescent Hospital (including value-added tax) to KRW 22,443,300 (including construction work cost).
(3) After the above subcontract was completed, the Plaintiff completed all the construction works under each of the above subcontract. However, the Plaintiff did not receive KRW 27,500,000 in relation to the first subcontract and KRW 22,443,30 in relation to the second subcontract. D. The Plaintiff’s lending to the Defendant Company lent KRW 10 million to the Defendant Company on August 31, 2018. [In the absence of any dispute as to the recognition, the Plaintiff loaned KRW 1,00,000 to the Defendant Company.]
2. Determination
A. According to the above facts as to the claim against the Defendant Company, the Defendant Company totaled KRW 59,943,300 to the Plaintiff = the construction cost of KRW 27,50,000 due to the first subcontract = KRW 22,43,300.