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1. The Defendant’s KRW 51,946,663 as well as the Plaintiff’s KRW 20% per annum from November 5, 2014 to September 30, 2015.
Reasons
1. Basic facts
A. The Defendant awarded a contract with C Co., Ltd. (hereinafter “C”) for the construction of the construction of the 4th underground and the 9th ground-based building on the D ground in Seongdong-gu Seoul, and entered into a subcontract with E Co., Ltd. (hereinafter “E”) around January 2013 for the construction cost of the said construction (hereinafter “instant construction”) as KRW 690,000,000 for the construction cost (excluding value-added tax).
(hereinafter “instant subcontract”). (b)
E Around January 2014, the Plaintiff entered into a contract with the Plaintiff to be supplied with materials necessary for the instant facility works, and the Defendant, around January 7, 2014, prepared a statement of direct payment for the construction price (hereinafter “direct payment statement”) as follows and delivered it to E.
2. Construction place: Seongdong-gu Seoul Metropolitan Government D;
3. Direct payment business entity: The defendant agrees to pay directly to the subcontractor the amount calculated by the advance payment rate (after the occurrence of the advance payment) out of the progress payment for the facility works that occurred on the site in connection with the said site under construction by being awarded a contract by the plaintiff, and confirm that the amount of the advance payment is deducted from the E contract amount related to the project as set forth above.
Consenter: Defendant
C. The Plaintiff supplied materials equivalent to KRW 97,946,663 from February 2014 to September 1, 2014.
E paid a total of KRW 46,00,000 to the Plaintiff during the period from April 11, 2014 to July 14, 2014.
Since May 2014, E had been carrying out the instant installation work, there was a dispute between E and the Defendant regarding the issue of the construction site and the payment of wages. On September 5, 2014, the Defendant sent to E a letter to the effect that the instant subcontract was cancelled and the construction was terminated, and then completed the instant installation work by leaving it to other companies.
E. E filed a lawsuit against the Defendant against the Seoul Central District Court 2014Gahap62492, which sought the payment of the construction cost according to the Sungsung High Court, and the said court on June 22, 2017.