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1. The Defendant: (a) KRW 10,969,00 for the Plaintiff and KRW 6% per annum from September 1, 2016 to August 8, 2017; and (b) from the following day.
Reasons
1. Basic facts
A. The Plaintiff sells paints, waterproof materials, etc. with the trade name “C” in Daegu-gu Dong-gu B, and the Defendant is a construction company that sells painting works, waterproofing works, facilities maintenance and management works, etc.
B. Around May 2016, the Defendant: (a) supplied the D Apartment Repair Design Design Corporation (hereinafter “instant construction”) from the D Apartment Apartment Resident’s Council; (b) subcontracted to E in KRW 76,000,000; and (c) on the other hand, the Plaintiff supplied E with paints equivalent to KRW 9,772,840 (including value-added tax) for the goods on May 27, 2016; and (d) supplied price of KRW 10,276,310 (including value-added tax) for the goods on August 1, 2016; and (e) E used paints and lebane supplied by the Plaintiff to the instant construction.
C. While the Plaintiff completed the instant construction work on August 1, 2016, on the premise that E did not receive KRW 16,348,00, out of the construction cost, the Plaintiff received from E a claim for KRW 16,348,000 for the said construction cost from the Defendant on February 10, 2017. On February 15, 2017, E sent the notice of assignment to the Defendant by content-certified mail, which reaches the Defendant on February 16, 2017.
【Ground of recognition】 Facts that there is no dispute between the parties concerned, the entries in the evidence Nos. 1, 2, and 3-1, 2, and 4 through 7, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant is obligated to pay the Plaintiff the amount of the instant construction cost of KRW 76,00,00 (including value-added tax) that the Defendant paid to E, i.e., KRW 47,202,00 that was paid to E between May 31, 2016 and August 24, 2016, and the remainder of KRW 12,450,00 that was paid directly to subcontractors (= KRW 76,00,000 - KRW 47,202,00 - KRW 12,450,00) and damages for delay.
B. Of the instant construction cost, the Defendant: (a) totaling KRW 47,202,00 between May 31, 2016 and August 24, 2016 to E; (b) KRW 13,650,000, such as wages, to subcontractors on behalf of E; and (c) KRW 13,650,000, such as wages.