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1. Defendant DNA Construction Co., Ltd.: (a) KRW 220,000,00 for the Plaintiffs and its related thereto from May 1, 2011 to June 18, 2014.
Reasons
1. Basic facts
A. On November 12, 2010, the Defendant’s same sex teaching institute (hereinafter “Defendant’s same sex teaching institute”) entered into a contract on construction works for the construction of the instant new construction works with Hof&C Co., Ltd. (hereinafter “Maf&C”), Geumcheon-gu, Seoul, for the construction works for the construction of the instant construction works for the construction of the instant land and the construction works for the construction of the instant construction works (hereinafter “the instant new construction works”). On the same day, Hof&C entered into a contract on construction works for the construction of the instant new construction works with Defendant NND Co., Ltd. (hereinafter “Defendant END”) by setting the construction costs of KRW 1.24 billion for the construction works for the civil engineering and reinforced concrete among the instant new construction works, and the construction period from November 15, 2010 to February 28, 2011.
B. On February 11, 2011, Defendant NND entered into a contract on construction works, which were re-subcontracted on KRW 300 million for the construction work of the instant new construction works (hereinafter “instant new construction works”) and from February 14, 201 for the construction period, from March 31, 201 to March 31, 201.
C. On April 2, 2011, H&C, the original contractor, determined that it is difficult to continue the new construction of the instant case due to the business deterioration and the drawing of bills, etc., and, on April 2, 201, returned the advance payment of KRW 667 million, which was received from Defendant Madong Driving Institutes, to October 31, 201, and Defendant Madong Driving Institutes, the owner of the instant new construction project, agreed to waive the instant construction on the condition that he succeeds to the entire new construction of the instant case except the removal construction, and submitted the written waiver of the construction to Defendant Madong Driving Institutes on the same day.
On the other hand, C and Plaintiff A were unable to receive KRW 300 million of the construction cost from Defendant Loh Construction while executing at least 90% of the instant civil engineering works, and since March 201, they began to exercise a lien against the site of the instant new construction works by using the claim for the construction cost against Defendant Loh Construction as the preserved claim.
C and Plaintiff A’s lien is exercised.