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1. The Defendant’s KRW 21,887,205 as well as the Plaintiff’s KRW 6% per annum from April 12, 2017 to July 13, 2018, and the following.
Reasons
1. Facts of recognition;
A. 1) The Defendant: (a) received a contract from Nonparty D and C for a new urban-type residential housing construction project (hereinafter “instant construction project”); (b) on October 31, 2014, from Nonparty E Co., Ltd. (hereinafter “E”); and (c) subcontracted the instant construction project to Nonparty E Co., Ltd. (hereinafter “E”); and (d) the Plaintiff entered into a subcontract for a new urban-type residential housing construction project (hereinafter “F”) with the trade name, light oil, and lux oil retail project (hereinafter “F”).
B. The Plaintiff’s claim 1) related to the instant construction project supplied E with oil equivalent to KRW 8,050,740 on November 30, 2014, KRW 34,508,545 on December 31, 2014, KRW 8,223,780 on January 31, 2015, KRW 312,90 on February 28, 2015, KRW 63,60,00 on October 6, 15, KRW 63,60,565 (including value-added tax) on the aggregate of KRW 5,16,180 (including value-added tax) of the instant construction project to G-related Plaintiff on October 2, 2014.
3) On November 4, 2015, the Plaintiff and H related to Nonparty H (hereinafter “H”) made a contract for debt transfer and takeover with the effect that “the Plaintiff shall transfer KRW 2,529,600,00,00 for the instant construction project related to H to H” to the Plaintiff. (c) The Defendant paid the Plaintiff KRW 5,361,210,00 on January 16, 2015; KRW 5,000 on March 30, 2015; KRW 2,529,60 on November 31, 2014; KRW 31,189,530 on December 31, 2014; KRW 5,361,210 on January 16, 2015; KRW 5,00,000 on March 30, 2015; and KRW 17,50,570 on March 14, 2015, respectively.
2. The plaintiff's assertion
A. The Defendant agreed to pay the Plaintiff the fuel payment obligation (including the portion that the Plaintiff acquired from H) to the Plaintiff and the Plaintiff’s fuel payment obligation to the Plaintiff.
B. Although Nonparty I does not have the right to agree on behalf of the Defendant to pay the oil payment obligation as above to the Plaintiff, the Defendant shall be held liable in accordance with the legal doctrine of expression agency under Article 126 of the Civil Act.
3. Determination as to the cause of the claim.