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1. The Plaintiff:
A. Defendant B shall pay KRW 100,000,000 as well as 20% per annum from September 11, 2013 to the date of full payment.
Reasons
1. Indication of claim;
A. A. Around July 2004, the Plaintiff was awarded a contract with Nonparty D, E, and F (hereinafter “Nonindicteds”) for the construction of a new house, charnel house, detached house, etc. on the ground of G forest 207,402 square meters (hereinafter “instant forest”).
B. On July 7, 2011, in order to preserve the claim for construction cost of KRW 600 million against the Nonparty, the Plaintiff provisionally attached 30,143 square meters of HH in Gwangju-si (this court 201Kadan50865), and on October 10, 2011, filed a lawsuit claiming construction cost against the Nonparty (this court 201Gadan151999).
C. However, on December 28, 2011, Defendant B agreed to pay KRW 100 million to the Plaintiff by December 31, 2012 when the Plaintiff withdraws the said provisional seizure and lawsuit. Accordingly, the Plaintiff withdrawn the said provisional seizure on January 3, 2012, and withdrawn the said lawsuit on January 9, 2012.
On the other hand, the Plaintiff, around December 28, 201, occupied the instant forest new building on the ground to preserve the said claim for construction price against the Nonparty. However, the Defendants and the Nonparty agreed to remove the said new building on July 21, 201 and extinguish the Plaintiff’s lien, and then removed the said new building without the Plaintiff’s consent around that time.
E. Therefore, as the Plaintiff seeks, Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum from September 11, 2013 to the day following the day of final delivery of a copy of the complaint of this case, and from September 11, 2013 to the day of full payment. ② The Defendants, who infringed the Plaintiff’s right of retention, are liable to pay damages for delay calculated at the rate of 50 million won per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Lawsuit from September 11, 2013 to the day of full payment. ② The Defendants, the joint tortfeasors of this case, who have infringed the Plaintiff’s right of retention, are the amount of KRW 50 million within the limit of KRW 600 million per annum, which is one of the preserved claims of the above right of retention, as well as the above illegal acts