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Defendant B Co., Ltd. shall pay 129,260,000 won to the Plaintiff and 12% per annum from April 7, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendants related to the parties are the order owner who entered into a contract for each construction work with the non-party D Co., Ltd. (hereinafter “D”), and the Plaintiff is the subcontractor who entered into a subcontract with the non-party D as the principal contractor for part of the said construction work.
B. On December 21, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with the Plaintiff and Sejong Special Self-Governing City Ebable Living Facilities Construction Project (hereinafter “instant First Contract”). Around December 21, 2016, Defendant B entered into a contract with the amount of KRW 12.58,95 million with respect to the said construction work.
D Around October 1, 2018, the Plaintiff entered into a subcontract with respect to the “AL Construction Work” (hereinafter referred to as the “AL Construction Work”) with the contract amount of KRW 510,400,000 (including additional tax, reduced to KRW 487,300,000,000) and subcontracted the said construction to the Plaintiff.
C. On June 29, 2017, Defendant C and Non-Party F Co., Ltd. (hereinafter “F”) concluded a “loan Land Trust Contract” with the truster F, the trustee C, and the contractor D in order to carry out the construction project of officetels with the location of Pyeongtaek-si G, and nine parcels of land. After that, Defendant C entered into a contract with the Plaintiff on August 1, 2017 on the contract amount of KRW 17,358,631,400 (including additional tax) with respect to the construction project of Pyeongtaek-si Officetel (hereinafter “instant 2 prime contract”).
D On December 20, 2018, the Plaintiff entered into a subcontract with respect to the “original metal construction” (hereinafter “instant 2 subcontracted construction”) with the contract amount of KRW 668.8 million (including additional tax, which was reduced to KRW 738.1 million thereafter, and KRW 734.8 billion) and subcontracted the said construction to the Plaintiff.
D A decision to commence rehabilitation shall be made on November 28, 2019 by filing an application for rehabilitation with the Daejeon District Court 2019 Gohap5053 around November 28, 2019.