Text
1. The defendant shall pay to the plaintiff corporation A 71,161,760 won, and the plaintiff corporation B 290,494,940 won and each of them.
Reasons
1. Facts of recognition;
A. On October 27, 2014, D (E) entered into a contract with the Defendant for a new construction of the Faccoon window at Changwon-si (hereinafter “instant construction”).
(B) No. 1-3 (hereinafter referred to as “instant contract”).
The Plaintiffs entered into a contract with the Defendant on the supply of ready-mixed at the construction site of this case (hereinafter “instant ready-mixed supply contract”), and agreed with the Defendant and D on December 24, 2014 that D shall pay the above ready-mixed price directly to the Plaintiffs pursuant to Article 35(2) of the Framework Act on the Construction Industry.
(Evidence Nos. 1, 2, 2-1, 2-2, hereinafter referred to as “instant direct payment agreement”). (C)
The construction site of this case, and 1) Plaintiff B Co., Ltd. (hereinafter “B”) under the supply contract of this case.
(2) From December 24, 2014 to November 28, 2015, the Plaintiff Company A (hereinafter “A”) supplied ready-mixeds equivalent to KRW 565,152,50 (including value-added tax) and received KRW 274,657,560 out of the above ready-mixeds, and KRW 225,234,240 (including value-added tax) from January 9, 2015 to July 29, 2015, and received KRW 154,072,480 out of the above ready-mixeds.
(A) evidence 1, 2, 3-1 to 12). D.
On the other hand, the contractor of the instant contract was changed from November 3, 2015 to G (E) on the other hand.
(No. 1-4). 2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff A 71,161,760 won (=the total amount of the supply price of ready-mixed - KRW 225,234,240) - the total amount of the supply price of ready-mixed - KRW 154,072,480), and 290,494,940 won to the plaintiff B (=the total amount of the supply price of ready-mixed - KRW 565,152,50 - the total amount of the supply price of ready-mixed - KRW 274,657,560) and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 24, 2017 to the date of complete payment.