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1. Defendant (Counterclaim Plaintiff) and Defendant B jointly and severally filed for KRW 2,990,400 against the Plaintiff (Counterclaim Defendant) and the same on July 2014.
Reasons
1. Facts recognized;
A. On August 2013, the Plaintiff received a payment of the construction cost of KRW 121,119,030 (including value-added tax) from the Incheon Regional Government Procurement Service for the construction work for the staff of the Jung Police Station C police box (hereinafter “instant construction work”) and subcontracted the Defendant A with KRW 85,00,000,000.
(However, when a sub-contractor issues a tax invoice, the company that received the tax invoice shall be issued as the plaintiff and the defendant A shall pay the price. (b)
Defendant A, while performing the instant construction project, failed to pay KRW 4,737,00 (excluding value-added tax; hereinafter “value-added tax”) for steel products supplied from D from September 1, 2013 to September 30, 2013; and D filed a claim for the issuance of a tax invoice equivalent to the said amount as the recipient of the Plaintiff.
C. Around January 18, 2014, Defendant A agreed to pay the price of the instant goods to D by February 28, 2014. At the time, the Plaintiff paid the said price to D in cases where Defendant A’s terms of the said agreement are in place.
Accordingly, on January 23, 2014, the Defendants agreed to pay KRW 4,737,00 to the Plaintiff without objection by February 28, 2014 (hereinafter “instant agreement”).
E. However, Defendant A did not pay the price of the instant goods to D, and D filed a lawsuit against the Plaintiff with the Incheon District Court 2014 Ghana515680, which sought payment of the instant goods, etc., and decided on August 18, 2014 that the Plaintiff would pay the said price to D, and became final and conclusive as it is.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, 5, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the principal claim, Defendant A did not pay the price of the instant goods to D until February 28, 2014, and accordingly, the Plaintiff is liable to pay the price of the instant goods directly to D.