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1. Defendant D Co., Ltd.: 55,990,000 won and 5% per annum from April 13, 2017 to May 11, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 28, 2015, Defendant C and D Co., Ltd entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) to construct a new parking building (hereinafter “instant building”) in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant contract”) by setting the construction period as KRW 9,460,00,00 (including additional tax) and the construction period from November 15, 2015 to November 15, 2016 (hereinafter “instant building”).
Upon entering into the instant contract, Defendant C agreed to pay the construction cost on the 25th day of each month according to the fairness rate and to pay the balance 10% after completion.
(2) Article 6 of the instant contract provides that “The term contract amount is determined on the basis of the modified design drawing, and the excessive portion after the design drawing was completed on November 5, 199, shall be mutual assistance only with the original cost (Provided, That the modified amount shall not exceed 3% of the total construction cost) - Outage materials and files shall not be altered, and only the excessive portion during the interior finish shall be limited to the excessive portion.”
B. (1) On November 7, 2016, Defendant D entered into a contract for landscaping construction works among the instant construction works (hereinafter “instant subcontract”) with the Plaintiff, setting the contract amount of KRW 55,990,00 (including additional taxes) and the construction period from December 15, 2016 to December 31, 2016.
(2) On the other hand, as of November 7, 2016, the date of the conclusion of the instant subcontract, the agreement between the Defendants and the Plaintiff was drafted to the effect that Defendant C should pay the construction cost as stipulated in the instant subcontract directly to the Plaintiff. The Defendants and the Plaintiff affixed their seals respectively.
(3) Defendant D, in addition to the Plaintiff, also entered into a contract for the construction type of a large-scale company sewage company (won) 1 F.C., and Defendant D, on November 24, 2015, shall perform a construction project for the 484,000,000 of the construction type of the company sewage company, with the exception of the Plaintiff.