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1. Defendant C: 36,417,470 won to Plaintiff C and 6% per annum from May 30, 2017 to February 19, 2019.
Reasons
1. Basic facts
A. Status 1 of the parties is the Plaintiff Company A (hereinafter “Plaintiff Company”).
(2) Defendant C is a person who engages in business facilities construction and sales agency business with the trade name of “F” and Defendant D is a spouse under the law of Defendant C, which is a legal entity established on August 18, 2015 with the business of civil engineering, construction, and reinforced concrete construction business as its objective business. The Plaintiff B is a spouse under the law of E, the representative director of the Plaintiff Company.
B. On November 1, 2015, the Plaintiff Company entered into a construction contract (hereinafter “instant contract”) with Defendant C for construction of reinforced concrete construction works (including steel bars, ready-mixeds, temporary materials, miscellaneous materials, pumps, and caters for pump and mold work) with regard to construction period from November 1, 2015 to May 31, 2016, with regard to construction cost of KRW 345,00,000 for value-added tax (excluding value-added tax of KRW 34,50,000) (hereinafter “instant contract”).
C. (1) On the other hand, Defendant C, contrary to the terms and conditions of the instant contract on December 8, 2015, newly constructed a business facility with a total floor area of 594.04 square meters on the land of 149.7 square meters in Nam-gu, Incheon, Nam-gu, Incheon, and the construction of a new business facility with a total floor area of 569.98 square meters on the ground of H large 149.7 square meters, is deemed as “F new construction work” under each of the following permission.
(2) On April 13, 2016, the Plaintiff Company acquired steel reinforced concrete construction works (hereinafter “instant construction”) in accordance with the same change as indicated in the foregoing paragraph (1).
Upon completion and delivery to Defendant C, on October 25, 2016, as to F No. 1 Dong-dong (O.S. 149.7 square meters on the land in Nam-gu Incheon Metropolitan City, Nam-gu, 149.7 square meters, as well as F. F. 2 Dong-dong (O.S. 149.7 square meters on the ground in H large scale 149.7 square meters.