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1. The Defendant shall pay to the Plaintiff KRW 45,830,653 and the interest rate of KRW 15% per annum from April 21, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On January 13, 2014, the Plaintiff received a subcontract for D Construction from Nonparty C Co., Ltd.
B. On January 16, 2015, the Plaintiff entered into a contract with the Defendant (hereinafter “this contract”) to re-subcontract the F Corporation’s construction cost of KRW 1,304,100,00 (excluding value-added tax) during the said construction work. On or around March 23, 2016, the Plaintiff entered into a modified contract with the Defendant to increase the construction cost of KRW 1,762,870,00 (excluding value-added tax) by reflecting the additional process. The Plaintiff settled the construction cost by re-subcontracting the subcontracted construction work without the Plaintiff’s consent, and the Defendant waivered the construction work and settled the construction cost, and thus, it does not deal with the construction work. The Plaintiff’s major supplier, among each of the above contracts, shall notify the buyer of the safety conditions of this contract and the special terms and conditions of Article 13 and the special terms and conditions of Article 20, corresponding to each of the following construction work prior to the commencement of the construction work (hereinafter “former supervisor”).
2. The on-site agent as referred to in paragraph (1) shall act on behalf of the supplier with respect to all matters concerning the execution and shall take charge of the execution management of contracted construction work and other technical management.
3. Omitted.
4.The buyer shall pay the salaries for personnel management to the supplier and shall deduct the determined salaries and all the expenses from the amount of the completed portion paid by the buyer to the supplier.
C. Meanwhile, the Plaintiff paid 45,830,653 won [G: 29,129,424 won (from April 1, 2015 to May 2016), H: 16,701,229 won (from April 13, 2015 to October 2015)] in total as wages to field agents G and H, and includes value-added tax of 1,939,157,000 won as construction price to the Defendant from February 13, 2015 to March 14, 2016, including value-added tax of 1,939,157,000 won.