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1. The Defendant’s KRW 32,00,000 as well as 6% per annum from August 31, 2013 to October 22, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff was awarded a contract with the Defendant for metal construction among the Ulsan A’s interior works, and completed the construction from December 1, 2012 to December 31, 201.
B. On April 15, 2013, the Defendant’s On-Site B delivered to the Plaintiff a letter of payment for the construction cost of KRW 32,00,000,000 to the Plaintiff by August 30, 2013. B entered the said letter of payment in the said letter of payment “B by the Defendant’s agent,” and signed the joint and several sureties column.
(hereinafter referred to as “instant payment rejection”). 【No dispute exists concerning the grounds for recognition, entry in Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings.
2. The director of the construction company at the site of construction as to the cause of the claim is a person in charge of the work related to the construction at the specific construction site, and is an employee delegated with the specific type of the work or specific matters under Article 15 of the Commercial Act, barring any special circumstance. The scope of the work is all acts related to entering into a subcontract agreement and the payment of the construction cost thereof, and the payment of the rent thereof, etc., in addition to the materials and labor management related to the construction work.
(See Supreme Court Decision 94Da20884 delivered on September 30, 1994, etc.). The defendant’s field director B is authorized to prepare a payment note for subcontracted works on behalf of the defendant without any separate authorization. Thus, the defendant is obligated to pay the plaintiff 32,00,000 won according to the payment note of this case and the amount equivalent to 6% per annum as prescribed by the Commercial Act from August 31, 2013 to October 22, 2014, the delivery date of a copy of the complaint of this case, until October 22, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. We decide to accept the Plaintiff’s claim on the ground that the Plaintiff’s claim is well-grounded.