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1. The Defendant’s order for payment is based on the payment order issued on October 17, 2016, which was rendered by the Suwon District Court, Suwon District Court on the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company that operates trade business, warehouse business, etc. at his domicile, and the defendant is a company that operates construction business, etc.
B. On February 26, 2016, the Plaintiff contracted to C Co., Ltd., D, and E for the extension of warehouse units at the Plaintiff’s domicile to KRW 1.1 billion for the construction cost, and the construction period from February 26, 2016 to April 30, 2016. D, on March 9, 2016, partially agreed to F for the construction cost of KRW 580,000 for the construction cost, and the construction period from March 9, 2016 to May 31, 2016.
C. On March 12, 2016, F re-subcontracted the instant construction work to G Co., Ltd. (hereinafter referred to as “G”) by re-subcontracting the construction cost of KRW 517 million (hereinafter referred to as “instant construction”) from March 15, 2016 to May 30, 2016, on the basis of the contract date as follows: (a) on March 11, 2016, G re-subcontracted the instant construction work to the Defendant by fixing the construction cost of KRW 484 million from March 17, 2016 to June 20, 2016.
Defendant and G subsequently completed the steel frame construction among the instant construction works, but G did not proceed with the printing team construction and the Changho Lake Corporation, and on June 9, 2016, G set the amount of the waiver of construction as KRW 250 million to E and submitted a written waiver of construction.
E. On the other hand, on August 28, 2016, the Defendant filed an additional claim of KRW 5,1630,000 with G and E for indirect expenses, such as additional construction cost and standby labor cost, and agreed to settle the amount as KRW 45,00,000 through mutual consultation.
F. However, on October 11, 2016, the Defendant asserted that the claim for the construction price of the instant case was the cause of the claim, and filed an application for the payment order with the Plaintiff as the claim amount (20 million won). On October 17, 2016, the said court issued an order to pay the Plaintiff KRW 420 million and delay damages to the Plaintiff.