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1. The Defendant amounting to KRW 130 million to the Plaintiff, as well as 6% per annum from January 28, 2015 to February 3, 2016.
Reasons
1. Facts of recognition;
A. On January 15, 2015, the Plaintiff: (a) determined the due date for repayment of KRW 383 million against D Co., Ltd. (hereinafter “Nonindicted Company”); and (b) completed a notarial deed of debt acceptance agreement as a notary public’s office written on January 7, 2015; (c) based on the said notarial deed, Daejeon District Court Decision 2015TT18, the Defendant was appointed as the third party debtor and filed an application for a seizure and collection order as the claim amount of KRW 383,00,000,000 against the Defendant of the Nonparty Company (hereinafter “instant construction price claim”); and (d) received a claim seizure and collection order (hereinafter “instant seizure and collection order”) from the said court on January 26, 2015; and (e) received the said order from the Defendant on January 27, 2015.
B. On February 20, 2014, the Defendant (former trade name before the change: EM) concluded a construction contract with the Nonparty Company for the construction cost of KRW 2.7 billion for the new church construction work (hereinafter “instant construction contract”).
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 2-1, 2-2
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff KRW 130 million to the Nonparty Company based on the instant construction contract. The Defendant asserted that the instant construction contract was concluded with the Nonparty Company based on the instant seizure and collection order, as the Plaintiff seeks, according to the Plaintiff’s claim. However, the Defendant entered into the instant construction contract with the Nonparty Company. However, around November 2014, the Nonparty Company entered into a contract with the Nonparty Company to set aside a settlement amount of KRW 1 billion with the Nonparty Company as the Nonparty Company renounced the instant construction work. The Defendant paid the above settlement amount to the Nonparty Company by direct payment to the Nonparty Company or direct payment to the subcontractor.