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1. The defendant shall guarantee the guarantee of KRW 33,825,00 or the attached list of the non-party 1 corporation.
Reasons
1. Basic facts
A. Plaintiff Korea Urban Development Co., Ltd. (hereinafter “Plaintiff”) is a company with the purpose of creative construction business, etc., and Plaintiff A is a person who mainly performs pipeline construction business, etc. with the trade name “C”, and Defendant B is the owner of the Daegu-gu Building D (hereinafter “instant building”).
B. On August 30, 2008, the Defendant entered into a contract for the instant construction of the building (hereinafter “instant construction contract”) with Daegu Comprehensive Construction Co., Ltd. (hereinafter “Seoul Comprehensive Construction Co., Ltd.”) by setting the construction cost of KRW 1,275,00,000 (excluding value-added tax) from September 10, 2008 to March 10, 2009, and the construction cost of the instant construction contract was to be paid through Nonparty E.
C. Around December 2008, the Plaintiff Company received a subcontract (hereinafter “the first subcontract of this case”) with the construction cost of KRW 120,000,000 among the instant construction works (excluding value-added tax). The Plaintiff Company received a subcontract with the construction cost of KRW 1,20,000 among the instant construction works (hereinafter “the first subcontract of this case”). On September 2008, the Plaintiff Company received a subcontract with the construction cost of KRW 100,00,000 for the construction cost of machinery and equipment installation works, sanitary apparatus installation works, sanitary pipeline works, and fire pipes construction works among the instant construction works from the Large General Construction. The construction cost was reduced to KRW 93,00,000 as a result of design modification.
Plaintiff
The Company received total of KRW 39,00,000 from E on March 12, 2009 and KRW 20,000,000 on November 26, 200 of the same year, and Plaintiff A received KRW 5,000,000 on October 9, 2008 from the Large Comprehensive Construction, and the Plaintiff received KRW 2,00,000,000 on October 9, 200 from Large Comprehensive Construction (excluding where the Plaintiff paid KRW 7,00,00,000 on behalf of the Plaintiff but paid labor cost of KRW 2,00,000 on behalf of the Plaintiff) and from E during eight times from January 15, 200 to January 20, 201, and received KRW 59,500,000 on a total of KRW 65,00 on August 9, 200.
E. Meanwhile, the defendant is the defendant.