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1. The Defendant shall pay to the Plaintiff KRW 15.4 million and the interest rate of KRW 20% per annum from June 14, 2014 to the day of complete payment.
Reasons
(b). b.
The Plaintiff owned a claim for attempted bonds to D Co., Ltd. (the representative E and hereinafter referred to as D), a steel framed Corporation.
C. D received a contract from the Defendant for steel framed among the extension works of the Fridge (hereinafter “instant construction”) and requested the Plaintiff to supply steel framed materials, but it was difficult for the Plaintiff to supply materials without paying the previous attempted amount.
Accordingly, on May 23, 2013, the proposal of D is drafted between the original and the Defendant, and D with the content that the Defendant directly pays to the Plaintiff KRW 100,331,089 (hereinafter referred to as the “instant agreement”) for the payment of the price for steel materials to the Plaintiff, including the price for steel materials related to the instant construction. The content is as follows.
o The name of o Construction Works: 145,00,000 won for steel-frame subcontract (materials supplied): 100,331,089 won (including value-added tax) for 100,359 won (including value-added tax) for H/B * 6,646,581 won in weight of 66,646,581 won * 19,950km in weight of 14,563,500 won * processing cost 10,000 won: 10,000,000 won for o (materials supplied) period from May 22, 2013 to April 24, 2013:
5.22.Advanced KRW 50 million;
7.1. through the same month; and
3.The balance 50,331,089 won shall be paid directly by the ordering person to the subcontractor when concluding a contract for the above construction works with the subcontractor D of each payment of the 50,331,089 won.
As such, the construction cost corresponding to the amount of the direct payment by the ordering person shall be deemed to have been transferred to the subcontractor, and the liability for the construction cost to the recipient shall be extinguished by the ordering person's payment to the subcontractor.
E. After that, on May 2, 2013, the Plaintiff received an advance payment of KRW 50 million from the Defendant, among direct payments under the instant agreement, but the remainder was not paid as specified, and the Defendant on October 28, 2013.