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1. The Defendant shall pay to the Plaintiff KRW 85,052,319 and interest rate of KRW 20% per annum from March 19, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On July 1, 2013, after receiving a contract for the construction of a new building C on the land B of Yeongdeungpo-gu, the Defendant concluded a subcontract (hereinafter “instant construction contract”) with respect to the construction of fire-fighting equipment (hereinafter “instant construction”) among the said new construction works, with the construction cost of KRW 462,00,000, and the construction period from March 10, 2013 to July 31, 2013 (hereinafter “instant construction contract”).
B. The non-party company issued a tax invoice of KRW 440,00,000 in total value of the instant construction contract with the Defendant, and the Defendant paid KRW 240,000,000 out of the construction price under the instant construction contract to the non-party company.
C. On October 16, 2013, while the Plaintiff was not paid KRW 85,052,319 from the purchase price of the fire pipes, etc. by the Nonparty Company, the Plaintiff entered into a contract with the actual manager E of the Nonparty Company and the Defendant of the Nonparty Company, which the Plaintiff would take over KRW 85,052,319 from among the claim for construction cost under the instant construction contract against the Defendant of the Nonparty Company (hereinafter “instant claim for construction cost”).
At the time, E signed and sealed the corporate seal impression of the Defendant Company respectively in the column for the transferor of the contract for the transfer of this case and the column for the transferor of the notice of assignment (hereinafter “instant notice”), and signed as a guarantor, and issued the instant notice, the Defendant’s corporate seal impression, and the certificate of personal seal impression of E to the Plaintiff.
On October 28, 2013, the Plaintiff notified the Defendant of the instant transfer agreement and the instant notice, accompanied by content-proof mail, of the content-certified document demanding payment of KRW 85,052,319 (hereinafter “instant document”). On October 29, 2013, the said document was served on the Defendant’s representative director F.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 6-1, 2, 7-2, .