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1. The Defendant’s KRW 32,121,950 as well as 6% per annum from April 27, 2018 to May 23, 2019 to the Plaintiff.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole with respect to Gap evidence Nos. 1-7 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, and witness C and D's testimony.
The Plaintiff is a person running a business, such as manufacturing and selling building materials in the name of “E,” and the Defendant is a de facto owner (the nominal owner appears to be H and I who is the owner of the site) who newly constructed a building in the name of “G” (hereinafter referred to as “instant building”). The “J” appears to be a company that performed a new construction work of the instant building by the Defendant under a contract with the Defendant, and D and K are its business owner.
B. On November 15, 2017, at the request of the J, the Plaintiff produced and supplied construction materials, such as double literature, etc., to the new construction site of the instant building, and had reached the outstanding amount of KRW 32,121,950 (including value-added tax; hereinafter the same shall apply) (the amount including the amount equivalent to KRW 8,05,00 that was scheduled to be supplied at the time). On November 21, 2017, the Defendant agreed to pay the Plaintiff the total outstanding amount of the G timber door and materials ( KRW 32,121,950) directly to the owner of G (hereinafter “instant direct payment consent”).
C. Since then, until December 6, 2017, the Plaintiff additionally produced and supplied construction materials to the new construction site of the instant building, including that, the remaining price after settlement reaches KRW 32,121,950, totaling KRW 33,565,350.
The approval for use of the instant building seems to have been made around December 6, 2017.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Defendant is obligated to pay KRW 33,565,350 to the Plaintiff the balance of the construction material price in accordance with the written consent to the instant direct payment.
(2) The defendant and the defendant completed the installation work of the main text of the building in this case by preparing a written consent from the plaintiff and the "J".