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1. The Defendant: (a) KRW 37,400,000 for the Plaintiff and 6% per annum from September 18, 2015 to November 17, 2016; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 30, 2014, the Plaintiff was re-subcontracted from the Defendant (former trade name: Gold ethyl Co., Ltd.) who was awarded a subcontract from the Jins Integrated Construction Co., Ltd. on December 30, 2014 to the manufacturing and installation of a steel shot beam (RH-BEM) and other steel shot beam (RH-BEAM) out of the construction work - the construction work 53,800,000 won (excluding
The representative of B, C, a corporation, re-subcontracted the manufacture of steel steel products from the Plaintiff during the construction work, and re-subcontracted them to the Daz Co., Ltd. (hereinafter referred to as “this case”).
B. On March 18, 2015, the Defendant notified the Plaintiff that it would terminate the said subcontract by making an illegal sub-subcontract without the Defendant’s prior approval, and around that time, the said sub-subcontract was rescinded between the Plaintiff and the Defendant.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 8-5, the purport of the whole pleadings
2. The assertion and judgment
A. 1) In light of the purport of the entire argument in Eul evidence 2-2, the plaintiff's failure to pay damages for delay at a rate of 37,400,00 won per annum under the Commercial Act from September 18, 2015, which is the day following the delivery date of the complaint in this case, to November 17, 2016, where the defendant's objection against the scope of the obligation of performance in this case is deemed reasonable, since the plaintiff's failure to pay damages for delay at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment, is recognized as equivalent to 37,40,000 won per annum (i.e., 34,000,000 x 1.1). Thus, the plaintiff's assertion that construction costs amount corresponding to the failure to pay damages for delay to the plaintiff is more than 80,063,400 won.
B. The judgment of the defendant on the defendant's assertion is that the defendant actually subcontracted to the plaintiff with the plaintiff's consent.