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1.(a)
The Defendants shall jointly and severally pay to the Plaintiff KRW 77,019,980 and the interest rate thereon from June 28, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 7, 2012, Defendant B entered into a construction contract with Defendant C to enter into a contract with Defendant C for the construction work that the construction cost of KRW 330,000,000 (excluding value-added tax) and the construction period from August 27, 2012 to January 30, 2013, Defendant B received from Defendant C for the construction of multi-family house on the ground of Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant construction”). At the time of the completion of the said construction, the remainder of the construction cost of KRW 200,00,000 was determined as the lease deposit that Defendant C would receive from new lessees.
B. Defendant B failed to complete the instant construction work even after the original agreed construction period. The Plaintiff loaned Defendant B the sum of KRW 90,000,000,000, which is KRW 70,000 on February 26, 2013 and KRW 20,000 on March 8, 2013 (hereinafter “instant first loan”).
C. Defendant C entered into each of the instant lease agreements with G on February 13, 2013 with respect to subparagraph 201 of the multi-family house to be completed in the future between E and F, and upon receipt of KRW 20,000,000 as the down payment around that time, Defendant C received KRW 20,000,000 as the down payment, and paid the instant construction payment to Defendant B.
(Realisticly, the above 20,000,000 won was immediately paid to Defendant B without going through Defendant C).
As Defendant B failed to complete the instant construction by the occupancy date stipulated in each of the instant lease agreements, Defendant C was demanded from the contracting party to return the down payment and compensate for damages. Under such circumstances, the Plaintiff lent KRW 20,000,000 to Defendant C on March 22, 2013 (hereinafter “instant loan”). Defendant C paid the said money to the contracting party, thereby actually receiving the request of Defendant C, to the contracting party.