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1. The Defendant’s KRW 5,609,004 as well as 6% per annum from February 13, 2018 to May 13, 2020, and the following.
Reasons
1. Facts of recognition;
A. On April 20, 2017, the Plaintiff entered into a subcontract with the Defendant on April 20, 2017 (hereinafter “instant subcontract”) with the content that the Plaintiff would receive a subcontract with the Defendant by setting the amount of 0.1% of the contract price per day for delay as 0.1% of the construction period from April 20, 2017 to June 30, 2017 on the date of the commencement of the construction period (including value-added tax).
B. The Plaintiff continued construction under the instant subcontract. The instant building was approved for use on July 24, 2017.
C. On May 19, 2017, the Defendant paid the Plaintiff KRW 170,00,000,000 as the subcontract price, and KRW 50,000,000 on June 9, 2017, and KRW 50,000,000 on August 30, 2017, and KRW 170,000,000 on September 29, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), witness E's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay the plaintiff the unpaid subcontract price of KRW 143,50,000 (i.e., KRW 313,50,000 - KRW 170,000) and delay damages therefrom, barring special circumstances. (ii) The defendant asserts that the person who actually entered into the subcontract of this case with the defendant is F and G, and F and G merely borrowed a construction business license from the plaintiff to construct the building of this case. Thus, the defendant is not obligated to pay the subcontract price to the plaintiff who is not a party to the subcontract of this case.
However, the contract of this case was prepared between the plaintiff and the defendant, and the tax invoice issued by the plaintiff in its name was approved by the defendant (Evidence A 2), and the defendant paid the subcontract price to the plaintiff, and the defendant is before the lawsuit of this case is filed.