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1. The Defendant’s KRW 39,438,300 as well as its annual 6% from October 21, 2019 to November 5, 2020, and the following.
Reasons
Basic Facts
A. In around 2012, the Defendant awarded a contract for the main construction (construction, civil engineering, landscaping, and machinery) of the D Development Project in the Chungcheongnam-gun, Chungcheongnam-gun, the Ministry of Patriots and Veterans Affairs, and on May 30, 2018, the Codefendant E Co., Ltd. (hereinafter “E”) awarded a subcontract for the construction of landscaping facilities in the said main construction project to the contract price of KRW 1,125,890,00,000 (including each value-added tax).
B. From October 31, 2018 to July 31, 2019, the Plaintiff supplied E with aggregate of KRW 49,883,400, including sand, stone, and mixed aggregate necessary for the subcontracted project. On February 1, 2019, the Plaintiff received KRW 3,000,000 from E and did not receive the remainder of KRW 46,371,740.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and Eul evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. As the Plaintiff’s assertion did not pay aggregate in time, the Plaintiff suspended the supply of aggregate, and the Defendant, a primary contractor, promised to jointly and severally pay aggregate to the Plaintiff. If the Plaintiff informed the Defendant of the amount of aggregate paid from E and the current status of aggregate to be supplied in the future, the Plaintiff promised to directly pay the Plaintiff the amount of the Plaintiff’s unpaid aggregate from the construction cost of the E’s cryptian construction work. As such, from February 30, 2019 to July 30, 2019, the Plaintiff believed that the amount of the Plaintiff’s aggregate should be paid directly to the Plaintiff.
Therefore, the defendant is jointly and severally liable with E to pay the remaining goods price of KRW 46,371,740 and damages for delay.
B. It is insufficient to acknowledge that the Defendant agreed to pay aggregate unpaid to E jointly with E on February 2019 only with the testimony of Gap evidence 4 and 5 as to the existence of the Defendant’s joint payment agreement and witness F, and there is no other evidence to acknowledge this.
C. Regarding the existence of the defendant's direct and non-assignment agreement