beta
Text
1. Defendant D’s KRW 34,00,000 and the Plaintiff’s annual rate of KRW 6% from November 30, 2013 to November 28, 2014.
Reasons
1. Determination as to the claim against Defendant B and C
A. The following facts do not conflict between the parties, or may be found in full view of Gap evidence 1 to 4 and 6, evidence 7-1, 2, Eul evidence 1, 2, Eul evidence 4-1 to 7, Eul evidence 4-2, Eul evidence 2, and Eul evidence 2, witness E's testimony and whole arguments:
1) Defendant B Co., Ltd. (hereinafter “Defendant B”).
On May 30, 201, E using the Plaintiff’s name entered into a subcontract for steel framed construction of KRW 115 million (excluding value-added tax) for the said construction work, and thereafter subcontracted the additional construction work to E in the amount of KRW 9 million (excluding value-added tax). (ii) around July 2011, E completed the said construction work, and Defendant B remitted each of the said construction work to E’s account in the name of the Plaintiff, as designated by E, as to the said construction work.
3) On September 15, 2011, Defendant B drafted a statement of non-performance that “the amount payable to the Plaintiff shall be paid in 50 million won each on September 23, 201 and September 30, 201 of the same month,” and Defendant C jointly and severally guaranteed the said amount. Defendant B transferred KRW 15 million to the account in the name of the Plaintiff’s spouse, as designated by E, and transferred KRW 15 million each on October 27, 201 to the account in the name of G, the spouse of E, KRW 15 million, KRW 50 million each, and KRW 40 million each on March 25, 2012, KRW 400,000,000,000,000 to the account in the name of the Plaintiff.
5) On August 16, 2012, Defendant B drafted “written transfer and takeover of credit” purporting that “the Plaintiff shall transfer to the Plaintiff the claim for the construction cost of I extension amounting to KRW 14 million.” B. The Plaintiff’s assertion and determination as to the claim 1) The Plaintiff’s summary of the Plaintiff’s assertion is KRW 115 million from Defendant B on May 30, 201, and the said additional construction was subcontracted to the Plaintiff at KRW 9 million and completed the said construction on July 14, 201, and on September 15, 2011, Defendant B subcontracted the said additional construction amount to the Plaintiff at KRW 10 million.