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1. The Defendants jointly and severally committed against the Plaintiff KRW 277,00,000 and Defendant B from May 1, 2018.
Reasons
1. Basic facts
A. On November 1, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to set the fire-fighting construction cost of KRW 212,000,000 as the price for the new construction of the D collective housing in Gyeyang-si.
B. On August 20, 2016, the Plaintiff entered into a subcontract with E Co., Ltd. (hereinafter “E”), which is a subcontractor of Defendant B (hereinafter “E”), to receive a contract for the installation of the instant construction works (hereinafter “instant construction works”) at KRW 190,00,000 for the said new construction works (hereinafter “instant construction works”), and Defendant B agreed to pay directly the Plaintiff the price for the instant construction works between E and the Plaintiff on the same day.
C. After the Plaintiff’s execution of the instant construction, Defendant B did not pay KRW 212,282,200 out of the total amount of the construction cost incurred until November 16, 2017 to the Plaintiff as KRW 307,280,200, and the Plaintiff suspended the instant construction work.
On March 6, 2018, Defendant C, the representative director of Defendant B and at the time, agreed to sell the foregoing amount of KRW 212,280,20,200 and the remaining construction cost of KRW 94,719,800,000, out of the total amount of KRW 307,000,000,000, and the remainder of KRW 207,000,000,000, in cash, to accord payment in kind to the Plaintiff.
(hereinafter referred to as “instant agreement”). (e)
Since then, the Plaintiff completed the remaining construction on April 10, 2018. The Defendants paid only KRW 30,000,000,000, out of the construction cost of KRW 100,000,000, which was to be paid in cash to the Plaintiff in accordance with the instant agreement, and only KRW 30,00,00,000, which was to be paid in cash to the Plaintiff.
In addition, on August 30, 2019, the registration of the establishment of a mortgage and provisional seizure in the name of another creditor of Defendant B was completed on August 30, 2019, and the registration of the trust was completed on September 7, 2019 to G Co., Ltd., and the payment in kind under the instant agreement was not performed.