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1. Defendant A Co., Ltd. shall pay KRW 73,700,000 to the Plaintiff and KRW 15% per annum from June 10, 2016 to the full payment.
Reasons
1. Comprehensively taking account of the overall purport of the statement and arguments in Gap evidence Nos. 1 through 3 (including additional numbers) against Defendant A corporation, the Plaintiff received from the agent Eul of the Defendant A corporation for installation of temporary office (hereinafter “instant construction”) from the construction cost of KRW 67,00,000 among new E-construction works located D at the time of Mineyang-si (hereinafter “instant construction”) and completed the instant construction work on September 9, 2015. As such, the Defendant A corporation is obligated to pay the Plaintiff damages for delay calculated at the rate of KRW 73,70,000 for the construction cost of the instant construction project including value added tax (67,00,000,000 won for construction cost of the instant construction project) and the damages for delay calculated at the rate of KRW 15,00 from June 10, 2016, the day following the delivery date of a copy of the complaint of this case as the Plaintiff sought.
As to this, Defendant A corporation contracted the instant construction to C in order to perform the contracted construction work by interested Construction Co., Ltd., and C further subcontracted the said construction work to the Plaintiff, and C is not the agent of Defendant A Co., Ltd., and Defendant A Co., Ltd has no obligation to pay the price of the instant construction to the Plaintiff.
Considering the following facts, which are recognized by comprehensively considering the overall purport of oral arguments in the evidence Nos. 1 and 2 (including paper numbers), the Plaintiff is identified as a director of the Defendant A corporation, the phone number (F) and facsimile number (G) were issued by the Defendant A corporation, and the Plaintiff entered the “A (State C director)” in the quotation (Evidence No. 1) of the instant construction work sent to C around July 23, 2015, the Plaintiff appears to have recognized the contractor of the instant construction as the Defendant A corporation and performed the said construction work.