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1. Of the judgment of the court of first instance, KRW 2,995,00 against the Plaintiff and its related amount from February 13, 2018 to June 12, 2020.
Reasons
1. Basic facts
A. The Defendant is a company that received a contract for construction of a new multi-household house (total 4 units) on the ground of Pyeongtaek-si C, and D (hereinafter “D”) is a company that received a subcontract from the Defendant for the part of the structural construction of the said new construction.
B. On August 3, 2017, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with regard to the construction cost of the molding part of the instant structural frame construction project (hereinafter “instant construction project”) with D, as KRW 260,000 per 3 square meters per 3 square meters (applicable by 30% of the feet floor, 50% of the extended balcony), and the construction period was from August 3, 2017 to November 3, 2017; and the payment was made once a month, setting the construction period (hereinafter “instant construction contract”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination as to whether or not a direct payment was made
A. The plaintiff's assertion asserts that since the plaintiff agreed to pay the construction price that D shall pay to the plaintiff under the construction contract of this case directly to the plaintiff, the defendant is liable to pay D the construction price unpaid to D to the plaintiff.
B. According to the purport of Gap's evidence Nos. 2 and 6 and witness E of the first instance trial, according to the following purport: (i) F and the plaintiff being awarded a contract for steel-frameing construction works among steel-frameing construction works from D on November 2017, which were not paid the construction cost from Hamman D; (ii) Eul, the representative director of D, proposed to the effect that he/she would be responsible for the direct payment of the construction cost to the plaintiff and F; and (iii) the defendant drafted an agreement with F to pay the construction cost for steel-frameing construction works directly to F on November 28, 2017; and (v) the plaintiff and F have resumed construction works around the above time.
In addition, even if the defendant did not prepare and inform the plaintiff of the documents concerning the direct payment agreement.