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1. The Defendant’s KRW 65,00,000 as well as annual 6% from March 21, 2016 to August 4, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 12, 2016, the “B Regional Housing Association Promotion Committee” awarded a contract for the construction of “B Housing Promotion Center” on the land of Ulsan-gun, Ulsan-gun, Ulsan-gun, for E running the construction of “B Housing Promotion Center” (hereinafter “instant new construction”) on the ground of the land of Ulsan-gun, Ulsan-gun, and it jointly and severally guaranteed the obligation for the construction cost.
B. In the Do’s waiver of the construction work, F, G, and H (hereinafter “F”) concluded a construction contract (hereinafter “instant original contract”) with the Defendant’s name holding a construction business license with the said promotion committee on March 9, 2016 and the Defendant’s succession to the instant new construction work (hereinafter “instant original contract”).
C. On March 1, 2016, F, etc. and the Plaintiff drafted a subcontract agreement with the Defendant that “The Plaintiff is awarded a subcontract for the interior 80,000,000 won (excluding value-added tax) for the construction work during the instant new construction work, and from March 1, 2016 to March 20, 2016,” the Plaintiff completed this construction work within the agreed period.
In addition, F et al. prepared a subcontract agreement with the subcontractor with respect to various sectors among the new construction works of this case, such as steel and panel construction in the name of the defendant.
[Ground] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings
2. The Plaintiff’s assertion is the cause of the instant claim; (1) the Defendant is the party to the instant subcontract; (2) the Defendant is responsible for the nominal lender under Article 24 of the Commercial Act; and (3) the Defendant is selected to have ratified an unauthorized Representation, such as F, etc.; and (4) the Plaintiff is seeking payment of the remainder construction cost of KRW 65,00,000 and delay damages, excluding KRW 15,000,000, which was paid on March 1, 2016.
3. The instant subcontract agreement as to whether the Defendant is a party to the instant subcontract is based on the Plaintiff, F, etc.