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1. The deceased C, the parties to the lawsuit, and Defendant D, each of the KRW 21,500,000 to the Plaintiff and the Plaintiff shall be repaid from February 27, 2017.
Reasons
1.Basics
A. On April 1, 2015, Defendant Dou General Construction Co., Ltd. (hereinafter “Defendant Dou General Construction”) entered into a contract with the deceased on a fixed basis as contract price of KRW 2,460,00,000 (including value-added tax) and from April 1, 2015 to August 31, 2015 (five months after commencement) for the construction period.
B. On September 22, 2015, the Plaintiff entered into a subcontract agreement on the instant construction project with Defendant Anhyi General Construction Division, which stipulates the contract amount of 46,00,000 won (including value-added tax) during the instant construction project and the construction period from September 22, 2015 to October 30, 2015 (hereinafter “instant subcontract agreement”).
C. Around January 2016, Defendant Doi General Construction was concluded between the Deceased and Defendant Doi General Construction, instead of taking steel at the construction site of this case, that the Deceased had the subcontractor continue to perform the instant construction and immediately pay the subcontractor the construction cost. As such, Defendant Doi General Construction was completed at the construction site of this case.
Around that time, F, who managed and supervised the construction site of this case as the representative of the Deceased, stated to the effect that “The Defendant Adoh General Construction was omitted from the construction of this case and that it would continue to proceed with the construction work because the Deceased would have immediately failed to pay the construction cost to the subcontractor.”
E. Accordingly, the Plaintiff continued to complete the internal timbering construction in accordance with the instant subcontract. Furthermore, the Plaintiff incurred additional construction, such as the Aart Hall construction, toilet construction, and the modification of gambling, etc., and paid KRW 14,00,000 for the construction cost.
F. Meanwhile, on the other hand, the Deceased: (a) KRW 10,00,000 on November 18, 2015; and (b) KRW 5,000,000 on February 1, 2016; and (c) KRW 7,200 on February 1, 2016.