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1. The Defendant’s KRW 61,200,000 as well as 6% per annum from May 14, 2019 to March 27, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On March 30, 2018, the Defendant awarded a subcontract to the Plaintiff on the PL Changho Construction Work (the ordering G Co., Ltd., the first contract price of KRW 93,000,000, the final change amount of KRW 105,120,000) among the new construction work of E apartment located in Jung-gu, Jung-gu, Jung-gu, Seoul. (the ordering person J Co., Ltd, the first contract price of KRW 87,00,000, the final change amount of KRW 96,00,000) among the new construction work of H-dong apartment.
B. The Plaintiff performed each of the above construction works from June 30, 2018 to May 14, 2019, but the Defendant did not pay KRW 61,20,000 out of the construction cost ( KRW 24,320,000 out of the Fdong construction cost, and KRW 36,80,000 out of the I East construction cost).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 14, 2019, the next day of the completion date of construction, to March 27, 2020, which is the date of the judgment of this case, which is the date of the decision of this case, to the date of full payment.
However, the defendant asserts that it is not possible to accept the plaintiff's claim because the defendant agreed to pay the subcontract price directly to the plaintiff. The plaintiff asserted that the plaintiff did not extinguish the defendant's obligation to pay the subcontract price because it was not paid the subcontract price by G Co., Ltd. and
Article 35 (2) and (3) of the Framework Act on the Construction Industry shall apply where the ordering person and contractor agree to pay the subcontract price directly to the subcontractor, or where the ordering person, contractor and subcontractor agree to do so, the contractor shall be liable to pay the subcontract price directly to the subcontractor and the contractor shall be liable to pay the subcontract price to the subcontractor only when the ordering person