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1. Defendant B: (a) KRW 40,000,000 to the Plaintiff (Appointed Party); (b) KRW 33,000,000 to the Selection; and (c) KRW 20,000,00 to the Selection E.
Reasons
1. Basic facts
A. On October 2, 2014, the Hanjin Heavy Industries Co., Ltd. (hereinafter “Korea Heavy Industries”) subcontracted the construction work to Defendant B, who runs the construction business under the name of “H” (including additional tax) for KRW 348,700,000 (hereinafter “instant prime contract”). The Defendant B around that time subcontracted the said construction work to Defendant C Co., Ltd. (hereinafter “Defendant C”) at KRW 273,90,000 (including additional tax) (hereinafter “instant subcontract”).
B. On November 27, 2014, Hanjin Heavy Industries paid KRW 118,558,000 as part of the progress payment of the instant prime contract to Defendant B, and Defendant B paid KRW 20,000,000 in total, as part of the progress payment of the instant prime contract, on December 5, 2014 and December 16, 2014.
C. On December 16, 2014, Defendant B transferred the bonds listed in attached Table 2 (hereinafter “instant bonds”) to Defendant C, and notified the transfer thereof to the Hanjin Heavy Industries on December 17, 2014 and reached the Hanjin Heavy Industries on December 18, 2014.
On April 10, 2015, Hanjin Industries sent the instant claim amount to KRW 163,191,600.
E. Meanwhile, on November 4, 2014, Defendant B made an agreement between the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) on the following occasions: “Defendant B, who was not paid the Plaintiff, etc. during the period from March 2014 to October 2014 (hereinafter “Defendant B,” divided the wage of KRW 40,000, KRW 33,000,000 for the selected parties, KRW 20,000 for the selected parties E-20,000 for the selected parties, KRW 12,40,000 for the selected parties, KRW 123,30,000 for the selected parties G17,90,000 for the selected parties, KRW 123,30,000 for the designated parties, and KRW 20,000 for the designated parties” (hereinafter “instant agreement”).
[Ground of recognition] Unsatisfy, Gap evidence 2, 4 (including branch numbers if there are additional numbers; hereinafter the same shall apply), Eul evidence 1 and 11, and the result of fact inquiry into the Han Jin Heavy Industries by this court, the purport of the whole pleadings
2. Claim against Defendant B and Claim against Defendant C.