beta
Text
The defendant 725,00 won to the plaintiff and 5% per annum from February 7, 2020 to November 18, 2020.
Reasons
1. Basic facts
A. Around July 18, 2019, the Plaintiff, who runs a construction business under the trade name of “C,” concluded a subcontract with the Defendant, setting the amount of KRW 8,00,000 for the incidental civil works among the construction works involving E and F neighborhood life (hereinafter “instant subcontract”) that the Defendant contracted by D (hereinafter “D”).
B. On September 9, 2019, the Plaintiff entered into a subcontract modification agreement (hereinafter “instant subcontract agreement”) with the Defendant to increase the construction cost to KRW 103,400,000, and to set the construction period from July 20, 2019 to September 18, 2019.
C. On September 10, 2019, the Defendant attached the seals of the Plaintiff and the Defendant on the “written consent to the direct payment of KRW 103,400,000 for the subcontract price of this case” to the effect that “D consents to the direct payment of KRW 103,40,000 for the Plaintiff,” and submitted them to D.
The Plaintiff completed the subcontracted project in this case. On September 10, 2019, the Plaintiff received KRW 25,000,000 from the Defendant, and the remainder KRW 78,400,000 from D around March 3, 2020, respectively.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 6, Eul's 1, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Although the Plaintiff’s assertion completed the instant subcontract in accordance with the instant subcontract agreement, due to the Defendant’s failure to timely receive KRW 78,400,000 from D due to interference with the payment of the construction cost required by the Defendant, the Plaintiff suffered damages of KRW 6,533,000 per annum on the remaining construction cost of KRW 78,40,000 and KRW 40,000 per annum on the amount of KRW 78,40,000 per annum.
In addition, the defendant did not pay the plaintiff the reconstruction cost of KRW 725,00,000.
Therefore, the defendant is obliged to pay the plaintiff the damages amounting to 47,258,00 won in aggregate of the expenses for reconstruction and construction, and damages for delay.
B. Determination 1.