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1. The Defendant’s KRW 96,50,000 as well as the Plaintiff’s annual rate of KRW 5% from August 21, 2015 to August 23, 2016.
Reasons
1. Basic facts
A. On May 2013, the Defendant entered into a construction contract with the content that the instant construction work is implemented in the collective facility district B and C in the netcheon City, and that the instant construction work was performed under the name of the Defendant, but from October 2013, the Defendant directly performed the instant construction work via E from around October 2013 when he waived the construction work.
B. On November 28, 2013, the Defendant issued to E a power of delegation to delegate all powers pertaining to the field operation, personnel management, etc. of the instant construction work to E, while giving to E a power of delegation that he/she delegated the position of vice-chairperson and employees of the Defendant Company.
(A) No. 1, hereinafter referred to as “the power of attorney of this case”).
E had the construction interrupted by the Plaintiff around October 2013, and had the Plaintiff perform the construction of the underground floor concrete building construction. Accordingly, the Plaintiff completed the said construction from November 26, 2013 to January 8, 2014.
E paid KRW 105,00,00,00, including personnel expenses and some material expenses related to construction works executed by him/her, to the Plaintiff on the early February 2014. However, in the event of nonperformance, E/her prepared and delivered a payment note (Evidence A 2; hereinafter “instant payment note”) by using the Defendant’s employee seal impression to pay the said amount. However, by agreement, the date on January 2, 2014, the date on which the instant payment note was prepared was written retroactively.
[Ground of recognition] Evidence No. 1, evidence No. 2, evidence No. 5-2, evidence No. 11-8, and evidence No. 2 are as follows.
Although the defendant alleged to the effect that it was made by the plaintiff's duress, it is consistent with No. 10 No. 11-11.
The entry of this case shall be made by having the plaintiff receive the draft from the plaintiff and the ASEAN prepare a letter of payment of this case and deliver it to the plaintiff.