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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 393,789,00 as well as the interest rate from September 20, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a creative construction business under the trade name D, and the Defendant Company B (hereinafter “Defendant Company”) is a company established on June 22, 2010 for the purpose of building construction business, real estate development and management, lease, sale in lots, etc., and the Defendant C is a company director of the Defendant Company, an inside director of the Defendant Company and a joint representative director, from November 7, 2017 to December 20, 2019.
B. The Plaintiff’s subcontracted construction work: (a) during the Jeju-si Complex Construction Work, which was implemented by the Defendant Company (hereinafter “E”), receives a subcontract for the Changho Construction Work from F Co., Ltd. (hereinafter “F”) for KRW 270,083,396; (b) during the Jeju-si Complex Construction Work (hereinafter “G”), KRW 21,281,120; (c) during the Jeju-si Complex Construction Work, KRW 42,241,00 among the New Construction Work for the Jeju-si Complex; and (d) during the Jeju-si Complex Construction Work for the Jeju-si Complex Construction Work (hereinafter “I”), KRW 16,184,03 among the New Construction Work for the Jeju-si Complex Construction Work, KRW 44,00,00 among the New Construction Work for the Jeju-si Complex Construction Work (hereinafter “K”); and completed the subcontracted Construction Work by each time.
C. Payment agreement and legal relationship between the real estate in this case 1) The Defendant Company, instead of paying the price of each of the above construction works, shall provide the Plaintiff with the E Apartment L (hereinafter “instant real estate”).
(2) On January 28, 2014, the Defendant Company completed the registration of ownership preservation on the instant real estate on January 20, 2014, with the content that the instant real estate was sold in KRW 233,700,000. The registration of provisional attachment was completed on January 17, 2014 by the Jeju District Court’s provisional attachment order (2013Kahap464) on January 17, 2014.
Since then, the right to the real estate in this case is concerned.