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1. As to the Plaintiff’s KRW 80,965,804 and KRW 56,054,545 among them, the Defendant shall pay to the Plaintiff KRW 80,965,80,000 from December 12, 2019, KRW 24,912,259.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The Plaintiff is a company engaged in the business of manufacturing, selling, and leasing temporary materials. On December 28, 2018, the Defendant was awarded a contract from the office of education in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, for the “new construction of (tentative) F School” located in the E-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and on February 21, 2019, the Plaintiff is a company G (hereinafter “G”).
2) The construction of the instant construction project to the Corporation (hereinafter “instant construction”)
(2) On April 9, 2019, the Plaintiff entered into a temporary re-lease agreement with G around the beginning of April 2019, and leased the system softs and rains from April 9, 2019 to the instant construction site.
3) However, as the rent for the remainder of the types of work except the system non-official type is not paid properly, the Plaintiff, the Defendant, and G at the Plaintiff’s request, agreed on August 21, 2019 that the Defendant shall pay the rent directly to the Plaintiff (hereinafter “instant direct payment agreement”).
(A) A contractor for a direct payment confirmation (the Defendant refers to the Plaintiff) shall pay the subcontractor (the Plaintiff refers to the Plaintiff) rent, etc. for construction cost materials, materials, and rents, etc. for the subcontractor (the Plaintiff shall be paid directly to the subcontractor as follows:
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1. Three persons who have ordered a contract shall confirm and recognize that the subcontractor directly pays the subcontractor the rent, etc. for the construction cost and materials requested by the subcontractor to the contractor;
2. Criteria for payment shall be paid to the subcontractor based on the detailed statement of transactions and electronic tax invoices of the subcontractor each month;
(b) Payment at the end of each month, at the end of each month.
3. Rent shall be the amount generated by the date on which the building materials are returned, and the payment deadline shall be calculated and paid within one month after the completion of the return.
4 The Plaintiff was not paid KRW 56,054,545 among the rents from April 9, 2019 to November 20, 2019, and was not paid KRW 56,054,545, and around November 26, 2019, the Cheongcheon-gun District Court 2019j.836.