beta
Text
1. The Defendant’s KRW 58,248,527 as well as the Plaintiff’s KRW 20% per annum from October 29, 2014 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a person who operates a single heating facility business with the trade name of “C,” and the Defendant is a company established for the purpose of the ionioning construction business. (2) On February 26, 2013, the Defendant agreed to receive labor supply from “E” operated by the Plaintiff, who received construction cost of KRW 450,000,000 for integrated energy facility installation installation installation works (hereinafter “instant construction works”) located in Yangju-si from “Y-si Co., Ltd.” (hereinafter “regular co-operation”).
3) D supplied the Defendant with labor by August 2013, and thereafter, D and the Plaintiff provided the Defendant with labor. From April 2014, D and the Plaintiff supplied the Defendant with labor worth worth KRW 267,479,400 in total until April 2014. 4) D and D provided the Defendant with labor worth worth of KRW 267,479,40 in total. On December 15, 2015, where the instant lawsuit is pending, they provided the Plaintiff with the total amount of labor expense claims that they provided to the Plaintiff at the instant construction site, notified the Defendant of the assignment of claims on the same day, and
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including partial number), Eul evidence No. 1, the witness F's testimony and the purport of the whole pleadings
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 58,248,527 won remaining after deducting 209,230,873 won from labor cost of 267,479,400 won and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 29, 2014 to September 30, 2015, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. G, which is the Plaintiff’s assertion by the Defendant, lends only the name of the Defendant company, which is the actual owner of the Defendant company, to the East FH, and receives the instant construction.