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1. The Defendant shall pay to the Plaintiff KRW 21,725,00 and the interest rate of KRW 20% per annum from January 24, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. B is engaged in construction machinery leasing and packaging construction in the trade name of “C”, and the Plaintiff is engaged in construction machinery leasing and leasing business under the trade name of “D” as the wife of “B.”
B. The Defendant subcontracted the packaging construction work to B, among the environmental improvement projects, around the FM market located in the Namyang-gun E located in the Namyang-gun, the Defendant contracted by the Defendant to B, and B, from December 24, 2013 to December 28, 2013, completed the above packing construction work equivalent to KRW 21,725,00 in total.
C. On January 13, 2015, B transferred to the Plaintiff the above claim amounting to KRW 21,725,000 against the Defendant, and notified the Defendant of the above assignment of claim on the 19th of the same month, and the Defendant received the above assignment of claim around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers), Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,725,000 and damages for delay calculated at the rate of 20% per annum from January 24, 2015 to the day of full payment, which is the day following the delivery of the application for modification of the lawsuit.
B. The defendant's assertion (1) argues that the defendant did not subcontract the above packing work to B, but in light of the above fact of recognition, it is difficult to accept the defendant's above assertion.
(2) The Defendant directly paid the subcontract price to the Defendant’s subcontractor, and the Defendant asserted that the Plaintiff’s claim of this case is unjustifiable since the Plaintiff did not directly claim payment of the subcontract price to the Duyang-gun. However, barring any special circumstance, barring any special circumstance, the Defendant’s assertion is difficult to accept.
(3) The defendant expresses his intention in collusion with the plaintiff B.