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1. The Defendant’s KRW 34,405,100 as well as 6% per annum from May 24, 2013 to February 3, 2014 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. With respect to a claim for the payment of ready-mixed supplied by the Plaintiff to the Defendant, the Defendant asserts that the Defendant is unable to comply with the Plaintiff’s claim on the ground that A (hereinafter “Nonindicted Company”) who was awarded a subcontract for construction from the Defendant was supplied with ready-mixed from the Plaintiff.
B. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1, 2, 6, and 8, and witness Eul's testimony as a whole.
1) On December 31, 2012, the Defendant was awarded a contract for C construction work from the 3rd Team of the Army, and around that time, the Defendant was awarded a contract for construction work from the 6th Team of the Army. 2) On March 2013, the Defendant subcontracted each of the above construction work to the non-party company to the non-party company. However, the Defendant’s employees D agreed to use only the name of the company in the name of the non-party company and directly implement the above construction work
3) On March 22, 2013, D received a written estimate from the Plaintiff, and said that the Defendant would pay the price of ready-mixed. From March 23, 2013 to May 23, 2013, the Plaintiff supplied ready-mixed equivalent to KRW 41,405,100 at each of the above construction sites. 4) The Defendant paid part of the construction price to the non-party company. On April 23, 2013, the Plaintiff received KRW 7,000,000 from the non-party company.
C. 1) In full view of the above facts of recognition, it is reasonable to see that the party who entered into a contract for the supply of ready-mixed with the Plaintiff is the Defendant, not the non-party company. 2) Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of 34,405,100 won (=41,405,100 won - 7,000,000 won) and the amount calculated by the annual rate of 6% per annum as prescribed by the Commercial Act from May 24, 2013 to the date of delivery of a copy of the complaint of this case from May 24, 2013 to the date of full payment, and from the next day to the date of full payment.
2. The plaintiff's claim is justified and it is so ordered as per Disposition.