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1. The Defendant’s KRW 967,901,60 for the Plaintiff and KRW 5% per annum from December 22, 2009 to October 28, 2010.
Reasons
1. Basic facts
A. The Plaintiff is a person who constructs and performs fire-fighting facility works under the trade name of “C”, and the Defendant is the owner of the Bupyeong-gu Incheon Metropolitan Government D building.
B. Nonparty E awarded a contract from the Defendant for the construction of the above D building and the main character plant (hereinafter “instant construction”). Nonparty E subcontracted the sales team construction, facility construction, electrical construction, fire fighting construction, etc. of the instant construction to the Plaintiff, the Plaintiff, the light industry, F, the neighboring engineering corporation, the Kwon Co., Ltd., and the Young Chang Development Co., Ltd. (hereinafter collectively “instant subcontractor”).
C. E Co., Ltd. did not pay the construction cost of KRW 301,30,00 in light industry; KRW 148,00,000 in F; KRW 385,000 in the Plaintiff; KRW 120,000 in the Plaintiff; KRW 135,849,494 in KNC; and KRW 135,33,150 in the Young Chang Development Co., Ltd.
The Defendant agreed to pay the said unpaid construction cost directly to the subcontractor and E Co., Ltd., and to reduce the sum of the unpaid construction cost from KRW 1,225,482,64 to KRW 1,177,90,000 (hereinafter “agreed construction cost”).
E. In order to guarantee the payment of agreed construction cost, the Defendant agreed to enter into a sales contract with the subcontractor with respect to the above Nos. 103 of the first floor of the D building (hereinafter “the instant real estate”) and designated the Plaintiff as the representative of the creditor of the agreed construction cost and the buyer of the instant real estate.
F. On December 22, 2009, the Defendant prepared a notarial deed stating that a notary public sold the real estate of this case in KRW 1,177,990,000 to the Plaintiff as a sales price of KRW 1,177,90,000 with the 209 registry No. 2094, a notary public, etc. of law firm
G. On August 19, 2010, the Defendant repaid KRW 80,000 to the Plaintiff.
[Ground of recognition] There is no dispute.