The defendant shall pay 40,00,000 won to the plaintiff and 12% per annum from March 19, 2020 to the day of complete payment.

Basic Facts

The Plaintiff was subcontracted by the D Co., Ltd. (hereinafter referred to as “D”) on August 1, 2019 for the construction cost of stone construction of the E neighborhood living facilities and multi-family houses in Jeju, the construction period of which is KRW 90,00,000, and the construction period from August 1, 2019 to September 30, 2019.

Since then D was divided into the Defendant and the F Co., Ltd. (hereinafter “F”), and on August 29, 2019, the Plaintiff concluded a subcontract again by setting the construction cost of KRW 50,000,000 and the construction period from September 1, 2019 to November 30, 2019.

On the same day, the Plaintiff entered into a subcontract with F and F also with the amount of construction cost of KRW 20,000.

On August 19, 2019, the Plaintiff received down payment of KRW 20,000,000 from D, and received KRW 20,000,000 from F on August 19, 2019 (the Plaintiff received payment from D) and received KRW 15,00,000 from the Defendant on November 25, 2019.

The plaintiff completed the above construction work around the end of November, 2019.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole argument by the parties concerned, the defendant is obligated to pay 40,000,000 won remaining after subtracting the amount already received from the total construction cost of KRW 5,00,000 (including value-added tax) pursuant to the subcontract agreement concluded with the plaintiff on August 29, 2019.

The defendant's assertion does not have concluded a subcontract with the plaintiff.

Judgment

The above evidence and evidence Nos. 5 and 6 include the following facts or circumstances, which are acknowledged or known in full view of the purport of the entire pleadings, i.e., the Plaintiff and the Defendant concluded a subcontract with respect to the instant construction project on August 29, 2019 and prepared a contract (the Defendant alleged that the contract No. 3-2 was forged, but there is no evidence to acknowledge it). ② The Defendant paid the Plaintiff KRW 15,000,000, which is part of the construction price under its own name. ③