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1. The Defendant: KRW 45,00,000 to Plaintiff A; KRW 130,00,000 to Plaintiff B; KRW 114,00,000 to Plaintiff C; and KRW 30 to Plaintiff D.
Reasons
1. Facts constituting the premise of the dispute;
A. On May 31, 2013, the Defendant awarded a contract to F Co., Ltd. (hereinafter “F”) for the new construction of G-based neighborhood living facilities (hereinafter “instant construction”). However, the contract amount is KRW 858,00,000 (including value-added tax) in the written contract (Evidence A1) and Article 25(2) of the contract provides that “The contractor shall pay the contractor the contract price at the same time as the object of the contract is delivered, unless otherwise stipulated.”
B. On February 18, 2014, the building was newly constructed pursuant to the said contract and approved for use on February 18, 2014, and the Defendant completed registration of initial ownership in the name of the Defendant for the said new building on March 5, 2014.
C. Under the premise that the construction cost to be paid by the Defendant remains in 338,00,000 won, F transferred 45,000,000 won out of the said construction cost to Plaintiff A on March 20, 2014, and notified the same day of the assignment of claims. ② On March 25, 2014, F transferred 130,000 won to Plaintiff B on the same day, and notified the assignment of claims on the same day; ③ on April 4, 2014, transferred 19,00,000 won to Plaintiff Substitute Heavy Corporation Co., Ltd. and notified the same day; ④ on May 1, 2014, Plaintiff C transferred 114,000,000 won to Plaintiff D and 30,000,0000 won on the same day, and notified each of the assignment of claims on the same day.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. As seen earlier, the Defendant’s determination of the cause of the claim gave F a contract for the instant construction to F to F amounting to KRW 858,00,00 (including value added tax).
As to whether F completed the work stipulated in the instant contract for construction works, the construction works completed to the last stage of the original scheduled construction works, and the main structure of the construction works has been completed as agreed and completed by social norms. However, if it is required to repair due to incomplete construction works, it is nothing more than the completion of the construction works but there is any defect in the object.