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1. The Defendant’s KRW 33,115,870 for the Plaintiff and 5% per annum from July 6, 2016 to May 16, 2018.
Reasons
1. The facts below the basic facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 5 and Eul evidence No. 1 to 3.
The defendant is a building owner who newly constructs urban residential housing on the ground of 690 square meters in Kimcheon-si, Kimcheon-si, and the defendant subcontracted the said new construction project to D (hereinafter referred to as D).
B. On July 25, 2014, D subcontracted the instant subcontracted construction of reinforced concrete (hereinafter “instant subcontracted construction”) to the Plaintiff with the following content:
3. Date of commencement: July 15, 2014.
4. Date scheduled for completion: January 15, 2015.
5. Contract amount: Wonnch 599,700,000 won per day (Won 599,700,000) - Value-added tax of KRW 1,170,000: Tax exemption.
C. Around September 2014, the Newly constructed construction was suspended, and the site of the Newly constructed construction continued to remain neglected, and E, as a real owner, has carried out all affairs related to the Newly constructed construction on behalf of the Defendant, who is the project owner in form, on behalf of the Defendant, who is the project owner, and E, has requested D to settle the accounts of the Newly constructed construction upon selecting another comprehensive construction company and resumption of the construction.
On October 7, 2014, D remitted 30 million won to the Plaintiff’s national bank account.
E. On October 2015, D: (a) drafted and implemented a subcontract agreement (cancellation) with the settlement amount of accounts for the subcontract amount of KRW 161,401,158 with the settlement amount of accounts for the instant subcontracted project; (b) in relation to the instant subcontracted project, D prepared and implemented a “statement of direct payment of subcontract price” with the following contents; and (c) the settlement amount of accounts for subcontract: 161,304,208 (including VT) contract amount of KRW 161,304,208 (including VT) contract amount of KRW 599,70,700, 161,401,401,158, and Article 35 (1) and (2) of the Framework Act on the Construction Industry (Direct Payment of Subcontract Price) with the direct settlement amount of accounts for the subcontract amount of KRW 161,401,158.