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1. The Defendant shall pay to the Plaintiff KRW 144,157,181 as well as 12% per annum from November 2, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff runs a wholesale and retail business of construction materials, etc. under the trade name of “C”.
B. D Co., Ltd. (hereinafter “D”) was awarded a contract for E new construction work (hereinafter “instant construction work”) from Taean-gun around January 21, 2014 and around June 25, 2014, and subcontracted the entire instant construction work to F Co., Ltd. (hereinafter “F”) on January 25, 2014, and F subcontracted the entire instant construction work to the Defendant on September 1, 2014.
(c)
1) In accordance with the Defendant’s order, the Plaintiff leased and supplied goods consumed at the construction site of this case from January 2015 to January 2016, 2016, and the Defendant said that the rent for snow materials would be collected from D.
2) The Plaintiff leased and supplied expendable goods at the construction site of this case at the instant construction site. On December 29, 2015, the Plaintiff received KRW 20,000,000 from D.
The market price of a temporary site that was not returned among the temporary sites supplied by the Plaintiff at the instant construction site is KRW 7,330,000.
(d)
1) The Plaintiff filed a lawsuit seeking payment of rent, etc. for temporary office against D in Seosan Branch of the Daejeon District Court (Seoul District Court Branch 2017Gadan366, Seosan Branch 2017) and directly performed the instant construction from around November 2014, by filing a dispute with D with F.
D. The Defendant, as the site warden, has the authority to conclude a contract for temporary re-lease and supply of expendable goods. The Defendant and the Defendant’s employees ordered the Plaintiff to take over and take over the goods, and entered into a contract for temporary re-lease and supply of expendable goods around January 2015 between the Plaintiff and D. Even if the Defendant was not the site warden, D granted the Defendant the authority to enter into a lease contract, etc., or expressed his/her intent to grant the power of attorney. Thus, D is the Plaintiff’s total amount of damages, such as rent, etc., and D is related thereto.