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1. The Defendant shall pay 2 billion won to the Plaintiff at the rate of 15% per annum from March 16, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On October 10, 2006, C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer on the ground of trust with respect to the land (hereinafter “instant land”) on October 10, 2006, on three lots, other than Pyeongtaek-si E, 1366.8 square meters, etc. (hereinafter “D”).
B. 1) F Co., Ltd. (former trade name is G Co., Ltd.; hereinafter “F”)
(C) On May 31, 2007, the building indicating the attached property on the instant land from C (hereinafter “instant building”) shall be the building indicating the attached property on the instant land.
2) The construction project newly constructed (hereinafter referred to as “instant construction project”)
2) The Plaintiff entered into a contract with the Plaintiff at KRW 12.1 billion, and F is only the H Co., Ltd. (hereinafter “H”) on June 28, 2007.
3) Of the instant construction works, the instant construction works consisting of the structural frame of the 4 to 6th floor of the instant building (hereinafter “instant structural frame”).
(2) the subcontract agreement which provides for 2.1 billion won (hereinafter referred to as the “instant subcontract agreement”) for 3.2 million won;
2) On June 9, 2008, the bill of exchange issued on June 9, 2008, which did not complete the construction work of the 6th floor of the instant building due to the bankruptcy, H suspended the construction work.
3) On November 13, 2008, C notified F of the termination of the instant contract on the grounds of the delay in H’s work. After that, H, upon leaving containers used as the site office and 50 tons of steel bars, which are the remaining materials of the instant framework construction, at the site of the instant construction, managed the instant construction site. (4) On February 23, 2009, C again ordered I Co., Ltd. (hereinafter “I”) to conclude the instant construction contract again.
C. On November 12, 2009, H filed a lawsuit claiming construction cost (Seoul Central District Court 2009Gahap128657, hereinafter “construction cost lawsuit”) against F and C.
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