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1. The Defendant’s KRW 4,176,388 as well as the Plaintiff’s annual rate of KRW 5% from September 13, 2018 to February 6, 2020.
Reasons
1. Basic facts
A. On October 2016, C Co., Ltd. (hereinafter “C”) and the Defendant entered into a contract with C, setting the construction cost of KRW 412,00,000 (including value-added tax), 3% of the security deposit rate for repairing defects, and 3 years of defect warranty liability period, on the land of Gwangju and one parcel urban residential housing E-building (hereinafter “instant construction”).
B. On April 2017, C and the Defendant agreed to modify the increase in the construction amount during the instant construction works, and C completed the instant construction works on October 31, 2017.
C. Around February 14, 2018, the agent F of C and the Defendant entered into an agreement on the settlement of accounts for the balance of construction cost by stipulating that the amount of money paid by the Defendant to the subcontractor of C shall be deducted from the construction cost.
hereinafter referred to as "Agreement on Settlement of Accounts dated February 14, 2018" is called "Agreement on Settlement of Accounts".
A person shall be appointed.
D. The Plaintiff supplied Changho and steel products to C with a claim of KRW 112,623,070,000. The Plaintiff filed an application for payment order for the payment of construction cost of the Gwangju District Court 2018Guj 1136 case, and the said court rendered the application for payment order on March 7, 2018 to the Plaintiff for KRW 112,623,070 and for this year from March 14, 2018.
7. Until 25.25., a payment order was issued by 15% per annum, and the above payment order was finalized around that time.
E. The Plaintiff is the Gwangju District Court 2018TTTT 11396, and the Plaintiff D.
Based on the claim amount, KRW 119,360,552 (the claim amount, the claim amount and the claim amount for delay under the above paragraph (d)), the debtor C as the defendant, and the third debtor as the defendant for the claim amount of the construction work of this case against the defendant, "the collection order of this case" is "the seizure and collection order of this case".
A) Upon receipt of the instant collection order, on September 12, 2018, the instant collection order was served on the Defendant and became final and conclusive around that time. [In the instant case, C and the Defendant among the testimony of the witness F, and the testimony of the witness F.