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1. The Defendant: KRW 36,606,669 for the Plaintiff and KRW 6% per annum from May 26, 2017 to March 20, 2019.
Reasons
1. If the purport of the entire pleadings is added to the evidence No. 1 through No. 3 of the judgment as to the cause of the claim, the Plaintiff, who sells building materials in the name of “D”, supplied building materials to the site of “F Corporation” that the Defendant subcontracted from the E Co., Ltd. (hereinafter “instant construction”) from January 10 to May 25, 2017, but did not receive KRW 36,606,669 for goods.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 36,606,69 as well as damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from May 26, 2017 to March 20, 2019, the delivery date of a copy of the complaint in this case, 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to May 31, 2019, and 12% per annum as stipulated in the said Act from the next day to the day of full payment.
2. As to the Defendant’s assertion, the Defendant concluded the instant construction contract with G and reinforced concrete construction work after being awarded a contract with E Co., Ltd. for the instant construction work, and accordingly, conducted construction after being supplied with the building materials from the Plaintiff, and the Defendant paid G the total amount of the construction materials claimed by the Plaintiff, thereby failing to pay the price for the instant goods.
Witness
According to the testimony of G in writing, the fact that G entered into a partnership agreement with the Defendant on the instant construction project is recognized.
However, the following circumstances, which are acknowledged as being comprehensively taken into account the statements in Gap evidence 2 and the witness G's written testimony, namely, G and the defendant, when entering into a partnership agreement on the instant construction project, agreed to pay building materials, wages, etc. invested in the instant construction project by receiving construction price from E and receiving construction price from E companies, and the plaintiff issued a tax invoice in the future for the instant goods payment and filed a tax return by the defendant.