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1. The Defendant’s 22,616,600 won and the interest rate of 20% per annum from July 18, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On the trade name of “C”, the Plaintiff engaged in the Doing and retail business of construction materials, etc., and the Plaintiff supplied the Defendant, who is engaged in the business of designing and constructing interior services, with the trade name of “D, with goods, such as plastic containers and Contacts, used in the construction project for the cafeteria cafeteria cafeteria and the student welfare hall remodeling project (hereinafter “instant construction project”). The goods price of KRW 26,907,900 for April 2014 and the goods price of KRW 1,208,70 for May 2014 (hereinafter “the instant goods price”).
B. The Plaintiff was paid KRW 5,500,000, out of the instant price for the instant goods by the Korea National University.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff 22,616,600 won (=26,907,900 won - 1,208,700 won - 5,500,000 won) and damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 18, 2014 to the date of full payment, as sought by the Plaintiff.
B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff, as an employee of the non-party Saturdays Co., Ltd. Co., Ltd. (hereinafter “Non-party Co., Ltd.”) who is the prime contractor of the instant construction project, given a subcontract to the Plaintiff and supplied materials. The non-party Co., Ltd suspended payment in the course of making a bankruptcy decision. The Plaintiff, the main contractor of the instant construction project, prepared a written agreement with each subordinate company including the Plaintiff, and made a direct payment for the construction cost, and the Defendant submitted the written agreement from the Plaintiff to the Plaintiff as a general university.
The plaintiff received KRW 5,500,000, which is a part of the price of the goods of this case, by requesting the K new University to pay a direct payment for the goods, there is no dispute.