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1. The Defendant: (a) KRW 209,990,000 for the Plaintiff and 6% per annum from November 18, 2010 to May 15, 2014.
Reasons
1. Basic facts
A. The Defendant and the New Zealand Co., Ltd. (hereinafter “Japan”) were jointly awarded a contract for the installation B from Kimcheon-si.
B. On June 20, 2010, the Defendant, a joint subcontractor, and Japan subcontracted the construction period of the fourth-minute water supply and drainage works (hereinafter “instant construction works”) to the Plaintiff from June 20, 2010 to September 18, 2010, and the construction cost of KRW 29990,000 (including value-added tax). Thereafter, the instant construction works were completed on September 18, 2010.
[Ground of recognition] Facts that the defendant does not clearly dispute or does not dispute both parties, Gap evidence No. 1, the purport of the whole pleadings
2. In light of the following circumstances acknowledged by Gap evidence Nos. 2 and 8 (including serial numbers in the case of additional evidence) and the purport of Eul's testimony and pleading as to the cause of the claim, the plaintiff claimed payment of KRW 2990,000 to one of joint subcontractors around September 18, 2010, when the construction of the case was completed, the plaintiff claimed payment of KRW 299,000 to one of the joint subcontractors. The defendant's on-site manager at the time of the construction of the case, the plaintiff stated that the plaintiff performed the construction of the case, and if the construction of the case was completed as a subcontractor at the time of the construction of the case, it would be reasonable in light of the empirical rule to deem that the plaintiff completed the construction of the case as the subcontractor of the construction of the construction contract of this case, and it is insufficient to reverse the above recognition only on the basis of each evidence Nos. 1 and 5.
(2) The Plaintiff is liable to pay the construction price and damages for delay to the Plaintiff, as a joint subcontractor for the instant construction contract, jointly and severally liable to pay the construction price under Article 57(1) of the Commercial Act.