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1. Defendant C’s KRW 140,000,000 and its amount are 5% per annum from February 26, 2019 to August 13, 2019.
Reasons
1. Basic facts
A. On August 2018, Defendant C (D) entered into a subcontract agreement with the Defendant Company (hereinafter “Defendant Company”) contracted the “EL Construction Work” located in the “EL-si Construction Work for F-factory and Office-dong Construction Work” (hereinafter “instant Construction Work”) on the terms of the construction period from September 1, 2018 to January 25, 2019, the construction cost of KRW 566 million (including value-added tax, KRW 140 million, advance payment), the contract bond of KRW 566 million, and the contract bond of KRW 66550,00.
(hereinafter “instant contract”). (b)
(1) At the time of entering into each contract under the name of the Plaintiff, the Defendant Company requested Defendant C to provide performance guarantee insurance for KRW 140 million in advance and guarantee insurance for contract deposit. Defendant C was not eligible for each of the above guarantee insurance contracts as an individual entrepreneur. Therefore, Defendant C asked the Plaintiff to “if it lends the name necessary for entering into the instant contract, it would subcontract the pipe-related construction out of the instant construction.”
Accordingly, on August 8, 2018, the Plaintiff drafted a contract for the said contract with the Defendant Company (Evidence 1-1) through Defendant C, and concluded each guarantee insurance contract with the Defendant Company from September 1, 2018 to January 25, 2019 with respect to the insurance period of KRW 140 million with respect to the said advance payment (hereinafter “instant guarantee insurance contract”) from August 13, 2018 to January 25, 2019 (hereinafter “instant guarantee insurance contract”); and (2) the contract bond of KRW 5650,00 (10% of the contract amount) with respect to the insurance period from September 1, 2018 to January 25, 2019; and each guarantee certificate was issued to the Defendant Company.
(2) Around that time, the Plaintiff prepared a contract for the instant construction project to Defendant C to subcontract the construction cost of KRW 540 million (excluding value-added tax) with the Defendant Company (Evidence A-2). On August 16, 2018, Defendant C received advance payment of KRW 140 million from the Defendant Company (hereinafter “instant advance payment”) through the deposit account in the name of the Plaintiff, and the said amount is above.