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1. The defendant
A. The Plaintiff A’s KRW 77,00,000 and its related KRW 5% per annum from December 1, 2017 to May 10, 2018.
Reasons
1. Facts of recognition;
A. On October 30, 2015, the Defendant: (a) on October 30, 2015, the Plaintiff (the purchaser’s title is D’s employee; E); and (b) plot of land F outside the Gangwon-gun (hereinafter “instant land”).
(2) A seller of the instant land sold KRW 2,400,000 to 2,00,000, and G (H company) around July 2017 entered into a contract with D for the construction site preparation of the instant land from the buyer D of the instant land. (2) The Plaintiffs are engaging in construction machinery leasing business under the same trade name as “I” between husband and wife, respectively, and the J (joint ownership of 50% shares of each Plaintiff), and K (Plaintiff B) owned two parts, and the Plaintiffs employed L as a cargor.
B. As to the preparation of the instant housing site preparation project and the payment contract for the construction cost, Plaintiff B (hereinafter “instant construction”) on July 11, 2017 and July 25, 2017.
2) A construction machinery lease agreement (a construction machinery lease agreement is not simply a construction machinery lease, but also a contract consisting of a contract with a nature of performing housing site construction works on the plaintiffs side through construction machinery, and thus, a construction machinery lease agreement (hereinafter referred to as “instant construction agreement”). The above two parts are leased to G (H company) as “13,000 won per month, additional KRW 13,000 per hour, transportation cost and return KRW 2,00,000 per month, and payment shall be made separately and within 30 days after the completion of each construction work” (hereinafter referred to as “instant construction agreement”).
(2) On September 3, 2017, the Plaintiff A urged G to pay the instant construction cost for July 7, 2017, which was promised by the said G, but G was not paid after leaving the instant construction site on September 3, 2017, and the said construction was suspended.
3) With respect to the resumption of the instant construction contract and the payment of the construction price thereof on or before September 2017, Plaintiff A entered into a payment contract with Plaintiff D and Defendant (A.).