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1. Defendant B Co., Ltd.: (a) KRW 85,66,373 on the Plaintiff and 5% per annum from February 14, 2014 to November 18, 2016.
Reasons
1. Basic facts
A. A. Around January 27, 2010, the Plaintiff entered into an agreement with the Defendants on the name lending of the trade name of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the Plaintiff is obliged to execute construction works and pay the fees (hereinafter “instant name lending agreement”).
B. On January 27, 2010, the Plaintiff entered into a standard subcontract for construction works (hereinafter “instant contract for construction works”) under the name of the Defendant Company, setting the “G household factory construction project” on the land other than F-1 parcel (hereinafter “instant construction project”) under the name of the Defendant Company as KRW 847,00,000 (including value-added tax) in the name of the Defendant Company.
On March 31, 2010, the Plaintiff received 441,00,000 won in total, including the progress payment of KRW 291,00,000 for the first portion and KRW 150,000 for the second portion on November 25, 2010.
C. After filing a lawsuit against the owner E in the name of the Defendant Company, the Plaintiff filed a lawsuit against the owner E seeking payment of KRW 442,758,217, including the additional construction cost, with the Changwon District Court 201Gahap738 (main office). On October 31, 2013, the said court ordered E to pay the Defendant Company KRW 129,845,297 and delay damages.
Accordingly, E and the defendant company filed an appeal, and the appellate court [the Busan High Court (original Court), 2013Na4343 (Main Court), 2013Na4350 (Counterclaim)] paid 150,000,000 to the defendant company until November 15, 2014.
After the first instance judgment of the lawsuit claiming the payment of construction price of E following the lapse of the lawsuit, E deposited KRW 147,59,59, the Changwon District Court 2013, Nov. 5, 2013, 2013, with the deposit of KRW 147,59,749, and the Defendant Company deposited the said deposit and interest of KRW 175,629, Feb. 14, 2014.