공사대금
The judgment of the first instance, including the claims of the intervenor succeeding to the plaintiff added by this court, shall be amended as follows:
1. Period for construction of recognized facts: The rate of warranty bond of 51,500,000 won (including value-added tax) for the contract amount from November 14, 2016 to February 26, 2017: 3% of the contract amount: 0.1% of the contract amount per day for delay for 36 months after completion:
A. On November 14, 2016, the Plaintiff entered into a contract with the Defendant with respect to the unused, waterproof, tidal, and other works among the instant construction works (hereinafter “instant construction works”) as follows (hereinafter “instant contract”).
B. Around February 26, 2017, the Plaintiff and the Defendant changed the date of completion of construction stipulated in the instant contract into April 20, 2017, and entered into a modified contract on May 4, 2017 to the effect that the said date of completion of construction works was changed into May 15, 2017.
C. Around September 17, 2017, the Plaintiff completed the instant construction, and the Defendant paid KRW 33,395,000 to the Plaintiff out of the construction cost of the instant case.
E Based on the executory order of payment for the goods price case of the Gwangju District Court 2018Guj3241 on October 24, 2019, under the Gwangju District Court 2019 TaT66837, the obligee E, the obligor, the obligor, and the third obligor KRW 9,780,798 on October 24, 2019, the obligee was issued a claim attachment and assignment order (hereinafter “instant attachment and assignment order”) with respect to “the amount until it reaches the above claim amount among the total amount to be paid by the Plaintiff on the basis of the construction cost case of Giju District Court 2017GaMa32058.” The original was served on the Defendant on October 30, 2019, and was served on the Plaintiff on November 11, 2019 and became final and conclusive on November 19, 2019.
After December 24, 2019, E filed an application for succession participation in the instant case.
E. D Based on the executory order of payment for the goods price case against the Plaintiff, the Gwangju District Court 2018 tea3240 rendered an executory order against the Plaintiff on October 25, 2019 and rendered creditors D, the debtor, the debtor, the third debtor as KRW 110,370,91 on October 25, 2019, based on the executory order of payment for the goods price case by the Gwangju District Court 2018 tea3240, the Gwangju District Court 2017dan32058.