대여금등
1. Defendant (Counterclaim Plaintiff Co., Ltd.) and Defendant B, jointly and severally, shall be KRW 100,000,000 to the Plaintiff and the Plaintiff’s share on November 2014.
1. On September 25, 2014, the Plaintiff lent KRW 100 million to Defendant A as of November 24, 2014, with the repayment date fixed as of November 24, 2014. The Defendants jointly and severally liable for dispute between the parties. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 100 million and the amount of delay damages calculated at the annual rate of 15% per annum as stipulated in the Commercial Act from November 25, 2014, the following day following the repayment date, as the Plaintiff seeks, until the delivery date of the copy of the complaint in this case, until August 7, 2015 (Defendant A); and 6% per annum as stipulated in the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. until September 30, 2015; and 3% from the following day until the repayment date.
2. The Defendants asserted that Defendant A has the claim for construction cost of KRW 160 million against the Plaintiff. At the same time, Defendant A claimed payment of KRW 60 million remaining after set-off against the Plaintiff as a counterclaim. As such, in full view of the overall purport of the pleadings in each of the statements in evidence Nos. 1 and 6, Defendant A subcontracted the claim to Nonparty D Co., Ltd. (hereinafter “D”) on February 2014, because Defendant A received a contract for the said power plant civil engineering works from Defendant A and received a contract for the said plant civil engineering works from the said four companies (hereinafter “original company”), and Defendant A subcontracted the claim to Nonparty D Co., Ltd. (hereinafter “D”) on July 1, 2014 at the request of D. < Amended by Act No. 12534, Jul. 11, 2014; Act No. 12514, Feb. 1, 2014>
8. The fact that the Plaintiff paid KRW 60 million to Defendant A; ③ Defendant A changed the contractor to the Plaintiff in consultation with the original office company and the Plaintiff as it was difficult to continue construction any longer due to the shortage of funds on September 2014; ④ the Plaintiff and D concluded a subcontract on January 22, 2015; and ④ KRW 160 million, which the Plaintiff received from Defendant A, received from Defendant A, shall be KRW 160,000,000,000, out of the subcontract payment that the Plaintiff had to pay to D upon receiving a written consent of direct payment from D.