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1. The order for payment is issued against the plaintiffs by the defendant succeeding transferee in Suwon District Court, Sung-nam Branch Court, Sung-nam District Court, 2016 tea 1347.
Reasons
1. Basic facts
A. On September 17, 2014, the Plaintiffs awarded a contract to E (hereinafter “E”) for the new construction of a multi-household house with the fifth and fourth underground floors (hereinafter “instant construction”) on the ground of Mapo-gu Seoul, Seoul, for the construction cost of KRW 1,00,000,000,000. In fact, the said construction was completed by the Defendant (i.e., the Defendant; hereinafter “Defendant”) who borrowed the trade name of the said company, and the Defendant’s successor (hereinafter “Defendant’s successor”).
The Plaintiffs obtained approval for the use of the above housing around April 22, 2015, and completed the preservation registration on May 12, 2015.
B. On June 24, 2016, E transferred the instant claim for construction price of KRW 194 million to the Defendant. Accordingly, the Defendant filed an application against the Plaintiffs for the payment order seeking payment of the said construction price with the Suwon District Court 2016 tea1347. On August 1, 2016, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 194 million and the amount calculated at the rate of 15% per annum from the day following the date of delivery of the original copy of the instant payment order to the day of full payment (hereinafter “the instant payment order”). This was served on the Plaintiffs on August 8, 2016, and became final and conclusive August 23, 2016.
C. On September 19, 2018, Plaintiff A filed a lawsuit against Plaintiff A, etc. against the Seoul Western District Court 2016Gahap3538, which issued the instant housing defect, thereby compensating for the damages therefrom. On September 19, 2018, the said court rendered a judgment that “E, etc. paid to Plaintiff A 62,182,260 won with interest of 5% per annum from September 6, 2016 to September 19, 2018, and the interest of 15% per annum from the next day to the day of complete payment,” and the said judgment was dismissed on May 10, 2019 and became final and conclusive on June 1, 2019.
The above judgment of the court of first instance is the first damages compensation.