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1. The Defendant’s KRW 31,825,00 for the Plaintiff and KRW 5% per annum from October 7, 2014 to August 25, 2015.
Reasons
1. Basic facts
A. On September 6, 2011, the Defendant awarded a contract for C Repair Work ordered by B (hereinafter “instant Repair Work”).
B. From October 19, 2011, the Plaintiff performed the title and glass construction among the instant repair works (hereinafter collectively referred to as “instant title”). The construction cost is KRW 33,825,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff asserted that the Defendant was obligated to pay the instant creative construction cost to the Plaintiff on the ground that the Plaintiff received a subcontract for the instant creative construction from the Defendant through D in the Defendant’s regular course of business. 2) The Defendant, at his discretion, delegated the Plaintiff with the authority to select a subcontractor and completed the construction work by selecting a subcontractor at the cost, and receiving a payment from the Defendant for the construction cost, completed the construction work by paying the construction cost, and thereafter, the Plaintiff paid the instant creative construction cost to D, who is an independent contractor, by obtaining independent authority to operate the site, such as receiving part of the difference between the construction cost paid by the Plaintiff and the construction cost paid by the Plaintiff as performance-based payment, etc. The Plaintiff paid all the construction cost of the instant creative construction cost to D, who is the Plaintiff, and at the time D, did not pay the construction cost of the instant creative construction to the Plaintiff, who is the Plaintiff, the representative director of the Plaintiff, and at the time D, was obligated to pay the construction cost of the instant creative construction to the Plaintiff by borrowing the construction cost from the Plaintiff and the Plaintiff.