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1. Defendant B’s KRW 80,000,000 as well as the Plaintiff’s annual rate from July 25, 2013 to October 10, 2014; and Defendant B’s annual rate of KRW 5% from October 25, 2013 to October 10, 2014.
Reasons
1. Basic facts
A. On August 7, 2009, Defendant B entered into a contract that sets the contract amount of KRW 3,440,90,000 for the construction of an apartment house nine units (hereinafter “the instant construction”) under the name of “I” on the ground of the land outside H 14 (the land owned by Defendant C, D, E, and F, respectively, and Defendant C, D, E, and F obtained a building permit for each of their own land) from A.I (hereinafter “the instant construction”). The J signed and sealed the contract as the guarantor at the time of the said contract.
B. From August 10, 2009, the Plaintiff was awarded a subcontract for 676,00,000 won for the pelvis construction among the instant construction works, and was awarded a subcontract for the basic civil works among the instant construction works in KRW 18,00,000 on August 31, 2009.
(hereinafter referred to as the above, the subcontracted framework and the basic civil engineering works shall be referred to as the “instant subcontracted works.”
Since then, as a matter of the payment for the progress payment, the construction of Boan General Construction was waived, on September 29, 2009, the Defendant B concluded a contract with Boan Development Co., Ltd. (hereinafter “Haan Development”) and J as to the instant construction amount of KRW 3,440,990,000 (hereinafter “the instant construction contract”). On September 25, 2009, the Plaintiff entered into a subcontract with Boan Development and Boan Development as to the instant construction amount of KRW 18,00,000 (the contract amount of KRW 676,00,000) among the instant construction works.
J signed the subcontract as a guarantor at the time of the said subcontract.
On the other hand, on October 9, 2009, Bo Young Development and J requested construction costs as stated above to the Plaintiff on the ground that "356,818,30 won of the aggregate construction cost," but it is known that the construction work was not performed in the comprehensive construction of Echina and the construction work was suspended, and that the amount claimed for construction cost is delegated to the Echina (A) and the Defendant K is the executor.