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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 46,200,00 and the interest rate thereon from April 16, 2016 to the date of full payment.
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 1, 2, and 3, together with the purport of the entire pleadings.
(1) On August 26, 2014, the Plaintiff entered into the instant construction contract with the D Housing Association Promotion Committee (the chairperson of the promotion committee; hereinafter referred to as “instant promotion committee”) and the Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”), with respect to construction works for public relations centers in Gwangju City of KRW 50 million (including value-added tax), and construction works for additional construction works of KRW 319 million (including value-added tax) of construction amount on September 8, 2015 (hereinafter referred to as “instant construction contract”).
(2) The Plaintiff: (a) the Defendant Company paid KRW 20 million on August 26, 2014, and KRW 90 million on December 31, 2014; (b) the Asian Trust Co., Ltd., which was entrusted with business funds by the instant Promotion Committee, paid KRW 29,931,00 on July 17, 2015, and KRW 539,931,000 on December 10, 2015 (= KRW 20,000,000) to the Plaintiff as the principal of the construction cost under the instant construction contract.
(3) On September 16, 2015, Defendant Company issued promissory notes with the face value of KRW 529,069,000, and the payee’s issuance of promissory notes with the Plaintiff, and written a notarial deed (hereinafter “notarial deed of this case”).
B. (1) On September 24, 2015, the Plaintiff entered into a contract for the construction of the instant second construction project (hereinafter “instant contract for the second construction project”) with the instant promotion committee, setting the construction cost of KRW 46.2 million (including value-added tax) with respect to the construction of the public relations center in Gwangju-si, and on September 30, 2015, on September 30, 2015, the date of commencement of the construction work, and entered into a contract for the construction project with the instant promotion committee (hereinafter “instant contract for the second construction project”).
(2) At the time of entering into the second construction contract of this case, the Defendant Company aims at the instant promotion committee.