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1. Defendant B’s KRW 13,375,00 for the Plaintiff and KRW 6% per annum from June 13, 2014 to October 20, 2016.
Reasons
1. Basic facts
A. On February 19, 2014, Defendant B subcontracted the instant construction work to the Plaintiff at KRW 21,875,000 for construction cost (the total mold area x KRW 125,000 per square meter x KRW 175,00 per square meter) among the construction works of the 4th floor building in E (hereinafter “instant construction”) that he/she received a contract from the owner D, and the Plaintiff completed the instant construction work on June 12, 2014.
B. Defendant B paid the Plaintiff construction cost of KRW 8,50,000,000 on March 31, 2014; KRW 1,500,000 on April 7, 2014; and KRW 8,500,000 on May 12, 2014.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 13,375,000 (21,875,000 - 8,500,000) as the construction cost of this case and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from June 13, 2014, which is the day following the completion date of the construction of this case until October 20, 2016, which is the date of the judgment of this case, to the day of full payment, to the day of full payment.
As to this, Defendant B asserted that D, the owner of the construction of this case, ordered the instant construction work to the Plaintiff through F and the Defendants, and that the Defendants did not contract the instant construction work to the Plaintiff. As such, Defendant B asserted that the Defendants did not contract the instant construction work to the Plaintiff, the following circumstances, namely, ① all of the instant construction payment paid to the Plaintiff, as seen earlier, was transferred to the Plaintiff’s account directly by Defendant B; ② Defendant B appears to have been in the position to direct and supervise the overall construction work while serving as the site manager at the construction site of this case; ③ the construction site of this case was prepared by the Plaintiff on May 17, 2014.