beta
Text
1. The Defendant shall pay to the Plaintiff KRW 113,070,000 and the interest rate of KRW 15% per annum from February 14, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On June 27, 2015, the Defendant was awarded a contract for a new construction of Dirst Housing in Daegu-gun, Daegu-gun, and nine parcels. On September 15, 2015, the Defendant subcontracted the Plaintiff with the price of KRW 193,00,000 to the Plaintiff. On September 15, 2015, the construction price was increased to KRW 240,570,000 by adding the heat materials construction works to the subcontracted works.
B. On October 31, 2015, the Plaintiff completed the subcontracted construction work including the additional construction work, and the Defendant did not pay KRW 113,070,000 out of the subcontracted construction work cost.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the subcontract price of KRW 113,070,000.
3. Judgment on the defendant's assertion
A. The defendant asserts that since the defendant agreed to pay the plaintiff's subcontract price directly by the third party agreement between the plaintiff and B, the defendant is not obligated to pay the plaintiff's subcontract price to the plaintiff.
B. In full view of the purport of the entire argument in subparagraph 1, the Plaintiff and the Defendant agreed to pay the subcontract price directly to the Plaintiff who is the subcontractor pursuant to Article 35(2) of the Framework Act on the Construction Industry by agreement with the third party with the ordering person.
However, according to Article 35 (3) of the Framework Act on the Construction Industry, "if the ordering person directly pays the subcontract price to a subcontractor, the obligation to pay the subcontract price to the subcontractor shall be terminated within the scope thereof." Thus, the Defendant's obligation to pay the subcontract price to the Plaintiff is not extinguished only by the above direct payment agreement but also the obligation to pay the subcontract price to the Plaintiff is extinguished directly by B.
However, there is no evidence to prove that B paid KRW 113,070,000 for the subcontract price claimed by the Plaintiff.