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1. Defendant B’s KRW 22,00,000 as well as 6% per annum from August 6, 2015 to December 21, 2015 to the Plaintiff.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
(a) Indication of claim: Request for the payment of cost of free construction of the second floor dated July 7, 2015;
(b) Applicable provisions: Article 208 (3) 2 of the Civil Procedure Act;
2. Determination as to each claim against Defendant C and D
A. (1) On March 10, 2015, Defendant C and D ordered Defendant B to undertake a new construction work of the building of the fourth floor E on the ground of leisure Gyeonggi-do (hereinafter “instant building”). On September 14, 2015, Defendant C and D completed the registration of ownership preservation on the instant building.
(2) On July 7, 2015, the Plaintiff was awarded a contract with Defendant B for KRW 27,000,000 for the construction cost of the instant glass construction (hereinafter “instant glass construction”) from Defendant B, and completed the said construction work on or around August 6, 2015.
(3) Meanwhile, Article 35(2) of the Framework Act on the Construction Industry (hereinafter “the instant provision”) provides that, where a final and conclusive judgment ordering the subcontractor to pay the subcontract price for the portion executed by the subcontractor (Article 35(2) of the same Act is rendered, the ordering person shall pay directly the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in the case where the contractor delays the payment of the subcontract price under Article 34(1) of the same Act on at least two occasions (Article 34(2) of the same Act, where the subcontractor requests a direct payment of the subcontract price to the ordering person (Article 3).
(Ground for recognition: Facts without dispute, entries in Gap evidence 1 through 4, the purport of the whole pleadings.
B. The Plaintiff’s assertion and its determination are asserted as follows. Defendant C and D are obligated to pay the Plaintiff the construction cost of the instant glass construction.
(1) Defendant C and D have no legal ground due to the instant glass construction.