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1. The Defendant shall pay to the Plaintiff KRW 37,763,685 and the interest rate of KRW 15% per annum from April 18, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a business operator engaged in temporary re-lease business with the trade name of C, and the Defendant entered into a contract for the construction of multi-household E-family housing from D on December 7, 2015 (hereinafter “instant construction”).
B. On December 10, 2015, the Defendant subcontracted all remaining construction works, excluding temporary sites, reinforced concrete, telecommunications, fire fighting, window metal, gas, and E/V, during the instant construction work, to the Non-corporate Corporation.
C. On March 11, 2016, the Plaintiff entered into a temporary re-lease agreement with F at the construction site of this case.
From March 11, 2016 to July 30, 2016, the Plaintiff supplied temporary materials equivalent to 60,963,685 won in total to the site of this case.
E. The Plaintiff issued a tax invoice of KRW 10,00,000 on April 12, 2016, and KRW 13,200,000 on May 4, 2016, and received rent from the Defendant on the same day, and issued a tax invoice of KRW 37,763,685 against the Defendant on July 30, 2016, but failed to receive the said money.
[Ground of recognition] Facts without dispute, entry in Gap evidence Nos. 1 through 4 (including those with additional numbers), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Defendant entered into a contract for temporary re-lease with the subcontractor for the part of the instant construction site, and that G at the site of the Defendant agreed that F’s temporary re-lease for the payment of rent for the Plaintiff, and that the Defendant is obliged to pay the unpaid temporary re-lease fee.
In this regard, there is no fact that the defendant has entered into a contract for temporary re-lease with the plaintiff, and G is not the head of the defendant's site, and even if G has paid the rent for temporary re-lease by substitute, the defendant has no obligation to pay the
B. Article 15 of the Commercial Act is applicable to the site manager of the 1 construction company, who is generally responsible for the work related to the work of the construction at a specified construction site.