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1. Defendant C shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from July 10, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant C
(a)as shown in the reasons for the attachment of the claim;
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts.
2. Determination as to the claim against the defendant B
A. The following facts can be acknowledged in full view of the evidence No. 1 and No. 2 of the basic facts as evidence No. 1 and the purport of the entire pleadings.
1) As to the construction work of G apartment B in Gwangju City with Defendant C, D representative E entered into a contract for the temporary re-lease between September 1, 2008 to November 30, 2008 by setting the temporary materials equivalent to KRW 38,710,000 at the above construction site for the construction work of G apartment B in Gwangju City with Defendant C, and Defendant C entered into a contract for the temporary re-lease between September 1, 2008 and November 30, 2008 to pay the rental fee as a substitute. 2) On December 18, 2008, Defendant B entered into a contract for the sales of G apartment B (201), with the remainder of KRW 40,00,000 among the sale price, and the remainder of KRW 95,00,000,000 among the sale price.
3) The construction of the above G apartment B was completed. (b) The plaintiff is substantially operating D, and the plaintiff agreed to lend the temporary materials equivalent to KRW 38,701,00 to the above construction site and purchase the above G apartment B 201 after the completion of the future construction in lieu of the rental fee, between the defendant C and the subcontractor, who is the construction business operator, under the name of Eul, and the plaintiff agreed to sell the above G apartment B 201, and the plaintiff supplied the temporary materials to the construction site according to the above contract. (b) However, after the completion of the construction, the defendants transferred the ownership of the above G apartment 201 to the plaintiff and transferred the ownership of the above real estate to the third party.
C) Therefore, Defendant B is jointly and severally liable with Defendant C to pay the Plaintiff the above temporary costs of KRW 38,710,000 and damages for delay thereof. (2) The Plaintiff, as the conjunctive claim, was completed the above G apartment 201 with respect to the above G apartment 201 in the name of Defendant B, in the name of Defendant B.