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1. Defendant C’s KRW 62,969,93 as well as 6% per annum from June 9, 2016 to July 11, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of an engineering work business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of building work business, etc.
B. On April 23, 2015, Defendant Co., Ltd. received a contract with Defendant Co., Ltd, with the amount of KRW 4.29 billion (including value-added tax) in relation to the construction of a wedding hall on the parcel of land, E, and 13, respectively, from May 1, 2015 to August 31, 2015, and from May 1, 2015 to August 31, 2015.
C. On May 11, 2015, the Plaintiff received a subcontract from the Defendant Company at the contract price of KRW 350 million (including value-added tax) with respect to the said wedding construction works (hereinafter “instant civil works”), from May 10, 2015 to August 31, 2015, with respect to which no advance payment is made, and the progress payment was made once a month (within 30 days from the date of acquisition of the subject matter, and payment in cash).
(hereinafter “instant contract”). D.
While carrying out the instant civil works, the Plaintiff received total of KRW 74 million from the Defendant Company, including KRW 40 million on May 27, 2015, KRW 40 million on June 12, 2015, and KRW 30 million on July 31, 2015, but discontinued the civil works around August 2015.
E. On September 16, 2015, the direct payment agreement was concluded between Defendant C, the Defendant Company, and the F Co., Ltd. (the part concerning electricity, communication, and fire fighting equipment) (the part concerning electricity, telecommunication, and fire fighting equipment) (the part concerning electricity and fire fighting equipment) on September 16, 2015, between the direct payment agreement on September 30, 2015 and the G Co., Ltd. (the part concerning metal, windows, and glass equipment), and the direct payment agreement on October 29, 2015 with H Co., Ltd. (the part concerning the installation of machinery and equipment, the part concerning the installation of fire fighting equipment), respectively.
F. No direct payment agreement was made between Defendant C, Defendant C, and Plaintiff.
Nevertheless, Defendant C’s totaling KRW 60 million to the Plaintiff, including KRW 16,00,000,000 on October 16, 2015, KRW 10,000 on October 21, 2015, KRW 20,000 on February 5, 2016, and KRW 20 million on April 15, 2016.