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1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 6, 2014 to April 12, 2017.
Reasons
1. Basic facts
A. The Defendant was awarded a contract for household installation works among the Jeju Busan C Hotel Construction Corporation (hereinafter “HH Construction”), with KRW 450,000,000,000, and the Plaintiff performed the said household installation works among the above construction works (hereinafter “instant construction”).
B. On November 24, 2014, the Defendant prepared and provided to the Plaintiff a written confirmation of attempted balance with the following content at the place where D was present at the site agent of the said construction site.
Construction Master's Name: on September 24, 2014, from September 24, 2014 to December 5, 2014, the head of the service site A (Plaintiff) entrusted household construction work from B (Defendant) and confirmed that the total construction cost is KRW 70,000,000 and the total construction cost is KRW 50,000 after subtracting the total construction cost from the total construction cost.
(Subject to the field completion before the completion of scrap)
C. The Plaintiff completed the instant construction, and the Defendant transferred KRW 5,00,000 to the Plaintiff on March 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, witness D's testimony, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted that the Plaintiff should pay the Plaintiff the construction cost of KRW 45,000,00 and the delay damages therefrom, as the Plaintiff subcontracted the instant construction work from the Defendant and completed on December 5, 2014.
As to this, the defendant asserts to the effect that D would not enter into a subcontract on the instant construction project with the plaintiff by lending the defendant's name, and that the defendant would not enter into a subcontract, and that the instant construction cost was settled at KRW 26,00,000, and that the said settlement price was responsible for D.
B. Determination 1 is that the Plaintiff performed part of the construction contracted by the Defendant, and the Defendant prepared a written confirmation of attempted balance to the Plaintiff at the time of completion of the instant construction.