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1. The Defendant shall pay to the Plaintiff KRW 22,50,000 and the interest rate of KRW 15% per annum from October 25, 2016 to the day of complete payment.
Reasons
1. Indication of claim;
A. The Plaintiff was awarded a contract with C for the external drone construction among the new construction of the Busan Young-gu D ground aggregate building, and completed it on February 6, 2015, but C did not pay KRW 13,00,000 to the Plaintiff. Accordingly, C applied for a payment order against C as Busan District Court 2015 tea7351, and issued a payment order to C on July 14, 2015, ordering C to pay the Plaintiff KRW 13,000,000 and its delay damages. The above payment order was finalized as it is.
B. The Plaintiff was awarded a contract for the construction work, such as the US and external guard, at the site of the F loan construction work in Ulsan-gun, Ulsan-gun, and completed the construction work on or around March 2012, but E did not pay the Plaintiff the construction cost of KRW 9,500,000 to the Plaintiff.
C. C and E were subcontracted for the construction of G H lending from Yangsan-si General Construction Co., Ltd. (hereinafter “Byoung General Construction”); C were awarded a subcontract for painting construction; and E was not paid the total construction cost of KRW 27,000,000,000, respectively.
C and E, instead of directly receiving the construction cost from the construction of the Ha Young Construction, intended to receive the instant apartment from the Ha Young-do owner of the Ha Young-do, H lending No. 201 (hereinafter “instant apartment”) located in G in Gyeyang-si, Yangsan-si. After concluding a title trust agreement with the Defendant, on January 6, 2016, the ownership transfer registration was completed in the name of the Defendant from I on the instant apartment.
E. The Defendant has participated in the act of evading compulsory execution of C and E with the knowledge that it would make it difficult for the Plaintiff to realize the claim against C and E by completing the registration under the title trust agreement with respect to the apartment of this case, and thus, the Defendant shall compensate for the total amount of KRW 22,50,000 (=the amount of claim against C 13,00,000,000) incurred by the Plaintiff’s difficulty in realizing the claim against C and E (=the amount of claim KRW 9,50,000).