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1. The Defendant’s KRW 78,466,430 as well as 6% per annum from July 18, 2014 to February 2, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On April 22, 2013, the Defendant was awarded a successful bid for a parking lot of 907.3 square meters in Seo-gu, Daejeon, Daejeon. At the time of the successful bid, the Defendant agreed to the following agreements (hereinafter referred to as the “instant agreement”) between D and D on May 2, 2013, where the lien was exercised because it did not receive the construction cost, while engaging in steel reinforced concrete construction of parking buildings on the ground of the said real estate (hereinafter “instant construction”).
The occupancy agreement of a lien for construction costs (right of retention): The lien holder of the Seo-gu Seoul Special Metropolitan City "A" and the possessor of the land: the defendant "B", the E company (D) and the "B" agree to pay the total of KRW 170 million in the base amount of the claim for payment and KRW 220 million in the occupancy-related expenses, which are submitted by the supervisor under the supervision, to pay the sum of KRW 50 million in the base amount of the claim for payment, and the first payment period: May 20, 2000, KRW 30 million in the second payment period: May 20, 2000, KRW 70 million in the loan of the Korea Investment Savings Bank, KRW 40 million in the third payment period: the first payment period: the payment period of KRW 50 million in the first payment period after the completion of the loan of the Korea Investment Savings Bank.
From May 2, 2013, I confirm that all rights related to possession are transferred to "A" and that there is no objection to the lien agreement.
C. D, on July 17, 2014, transferred to the Plaintiff claims equivalent to KRW 170 million out of the instant agreement amount (hereinafter “transfer of claims”), and on the same day, notified the Defendant of the assignment of claims on the same day, and issued the notification to the Defendant on July 25, 2014.
The Defendant, on behalf of D, paid KRW 16,866,010 to Song Forest Industry Co., Ltd. as part of the construction cost executed by D until the time of the instant agreement, and paid KRW 37,995,00 for personnel expenses of F et al., and the accounts payable to Acement Co., Ltd. (hereinafter “Acement”).