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1. Defendant B Co., Ltd.: (a) KRW 40,000,000 for the Plaintiff and the period from September 20, 2017 to April 18, 2018.
Reasons
1. Basic facts
A. On August 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a subcontract with Defendant C Co., Ltd. (hereinafter “Defendant B”) by setting the construction cost of KRW 121,627,00 and the construction period from August 21, 2017 to September 10, 2017.
B. For the instant construction project, Defendant B entered into a contract with the Plaintiff to purchase KRW 40,000,000 of pine trees planted on the land of KRW 1337 square meters (hereinafter “instant land”) owned by the Plaintiff on the part of the Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).
C. On September 19, 2017, the Plaintiff filed an application to verify whether pine wilt infections were infected with pine wilts to be extracted from the Gyeongbuk-do Forest and Environment Research Institute, and extracted 5 pine trees planted on the instant land on September 20, 2017, and planted them to Andong-si F, Andong-si, which is the instant construction site.
On the other hand, Defendant B completed the instant construction, and sent a written request for completion to Defendant C on September 29, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 40,000,000 for pine trees and damages for delay calculated at each rate of 12% per annum as prescribed by the Civil Act from September 20, 2017, which is the date of delivery of a copy of the complaint of this case, until April 18, 2018, as the Plaintiff seeks, from September 20, 2017, the delivery date of a copy of the complaint of this case, 5% per annum as stipulated by the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from April 19, 2018 to May 31, 2019, and from the next day to the date of full payment.
3. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion that Defendant C promised to pay KRW 40,000,000 to the Plaintiff, which is jointly and severally with Defendant C.