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1. The Defendant’s KRW 128,854,00 for the Plaintiff and its related KRW 15% per annum from April 20, 2019 to May 31, 2019, and June 2019.
Reasons
1. Facts of recognition;
A. On February 28, 2017, the Defendant contracted C Co., Ltd. (hereinafter referred to as “C”) with construction cost of KRW 9,724,00,000 (including surtax; hereinafter the same shall apply) for the new construction of the instant new construction of the instant ground accommodation facility (hereinafter referred to as “new construction of the instant case”).
B. On July 28, 2017, C subcontracted the instant new construction works among the instant new construction works (hereinafter “instant construction works”) to the Plaintiff at KRW 566,50,000 for construction cost.
Since then, the construction cost has been changed to 576,510,000 won plus 10,010,000 won for additional construction work.
C. On February 26, 2018, the Plaintiff completed the instant construction.
As the instant construction cost, the Plaintiff received KRW 198,00,000 in the name of the Defendant on September 28, 2017, and KRW 188,496,000 in the name of the Feminate, and KRW 32,560,00 in the name of the Feminate, and KRW 447,656,00 in the name of the Feminate, on November 3, 2017, in the name of the Feminate, and KRW 32,560,00 in the name of the Feminate, March 9, 2018.
E. The Plaintiff filed a lawsuit claiming the unpaid construction cost of KRW 128,854,00 against C as this court 2018da5085 and received a favorable judgment. The said judgment became final and conclusive on March 9, 2019.
[Ground of recognition] Facts without dispute, entry of Gap 4 through 12, 18, 20 evidence (including provisional number), the purport of the whole pleadings
2. The plaintiff shall make a direct payment of the subcontract price corresponding to the portion that the subcontractor manufactured, repaired, constructed, or provided services, on his/her own initiative and on his/her own initiative, when any of the following causes occurs:
2. Where the ordering person, the prime contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor.
3. At least twice the subcontract consideration that a principal contractor shall pay to a relevant subcontractor pursuant to Article 13 (1) or (3) shall be paid to the relevant subcontractor;