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1. Defendant B Co., Ltd.: (a) KRW 234,00,000 for the Plaintiff and 5% per annum from February 6, 2013 to October 24, 2018.
Reasons
1. Basic facts
A. 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)
around 2012, both Korea and China, D and 15 lots of ground penture construction works (hereinafter referred to as the “instant penture construction works”) are called the “instant penture construction works.”
E Co., Ltd. (hereinafter “E”)
) A contract was made to Defendant C (hereinafter “Defendant C”) on June 18, 2012.
(2) On November 2012, 2012, Defendant B and F, the actual representative of Defendant B and F, have jointly and severally guaranteed the obligation to Defendant C. The Defendant C completed the said reinforced concrete construction work and Defendant B agreed to settle the unpaid construction cost at KRW 2.487 million on December 7, 2012.
B. On September 2, 2013, Defendant B was unable to perform the remaining construction work due to financing, and on September 2, 2013, Defendant C contracted to Defendant C for construction work remaining after G through H consent and incidental construction work amounting to KRW 3.6 billion for the construction cost. Accordingly, Defendant B agreed to pay Defendant C a total of KRW 6.23 billion by aggregating the aforementioned existing construction cost and the remaining construction cost, and that if Defendant B fails to pay a balance within 15 months after completion, all rights to each real estate, etc. listed in the separate sheet 1 through 3 is waived and reverted to Defendant C (hereinafter “instant payment promise”).
(2) In order to secure the payment of the above construction cost on the same day, Defendant B and three other parties, including Defendant C and I (former representative of Defendant B) transferred all the shares and management rights of F, etc. to I, etc., and when Defendant C paid all the construction cost, he/she again agreed to return the shares to F, etc.
C. Defendant C’s registration of ownership transfer was completed on February 2, 2014, and approval for use of the building on March 25, 2014.