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1. The Defendant shall pay to the Plaintiff KRW 37,939,480 and interest rate of KRW 15% per annum from April 28, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that supplies the construction materials to the construction site, and the Defendant was awarded a subcontract for the swimming pool construction work (such as wall, ceiling, stone strawing, stone strawing, heating, distribution, strawing, ticketing, etc.) from the original building site to three sites, such as C, D, and E, E, Foreign Dormitory, etc.
B. The Plaintiff received an order from the F, who appears to be the above field manager, from April 2017 to January 2018, supplied the Defendant’s above three subcontracting sites totaling KRW 108,659,14 (including additional taxes) of the construction materials, such as tindles, to the Defendant. On September 28, 2017, the Plaintiff received from the Defendant the payment of KRW 50,700,000 by credit transfer on October 31, 2017, and KRW 15,00,000 by account transfer on December 1, 2017, and received KRW 70,700,000 in total, and the remainder KRW 37,939,480 was not received.
C. On April 29, 2017, the Plaintiff issued a tax invoice of KRW 31,074,692, KRW 31,074,692, KRW 31.-2,323,728 on May 31, 2017, KRW 1,017, KRW 500 on June 30, 2017, KRW 20,539,200 on August 31, 2017, KRW 30, KRW 5,412,00 on September 30, 2017, KRW 28,498,800 on October 31, 2017, KRW 14,51, KRW 680 on November 30, 2017, KRW 30,04, KRW 104,088, KRW 18,584,781, etc., respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 9, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant is responsible for paying the payable amount, since he/she supplied building materials to the defendant as a transaction partner.
In relation to this, the Defendant: (a) ordered GF to re-subcontract the construction site of this case; (b) claimed that, at F’s request, certain construction material costs are paid directly to the Plaintiff et al.; but (c) the Defendant cannot directly claim the price for the goods.
B. According to the written evidence Nos. 1 through 4, the Defendant entered into a sub-subcontract with GF on August 1, 2017 with respect to the Suwon Construction.