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1. Defendant B Co., Ltd.: (a) with respect to KRW 35,000,000 and KRW 10,000 among the Plaintiff, from November 27, 2018, and KRW 25,000.
Reasons
Basic Facts
On May 20, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the reduction of the construction cost of the H construction contract between KRW 70,000,000 and KRW 60,000,000 among the construction cost of the H construction project located in the Gu of Busan. Defendant B paid KRW 25,00,000 among the non-party companies until December 1, 2015.
(2) On July 26, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a free and creative construction contract (the construction cost of KRW 307,560,000) and material purchase contract (the construction cost of KRW 126,940,00) among the new construction works of Changwon, and the non-party C completed the construction work around December 2013.
Meanwhile, Defendant C paid KRW 387,719,713 out of the construction price to the Nonparty Company.
(2) On October 11, 2018, the seizure and collection order was served on the Defendants on October 11, 2018, on the following grounds: (a) the Plaintiff was issued a seizure and collection order of the amount until the amount of the claim is KRW 45,00,000 against the Defendant B, among the claim for the present and future construction cost against the third obligor by the non-party company as the obligee for construction cost in the non-party company as the obligee for construction cost in the non-party company under the Changwon District Court 2018TT102; and (b) the third obligor as the Defendant B and C; and (c) the non-party company received the seizure and collection order of the claim against the Defendant C until it is KRW 46,780,287.
(hereinafter "the collection order of this case"). [The grounds for recognition] did not dispute the issue, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 2, Eul evidence Nos. 3 (including branch numbers), and the above facts of recognition as to the grounds for the whole purport of the pleading, according to the above facts of recognition as to the grounds for the claim of the whole purport of the pleading, defendant B shall, barring special circumstances, be the non-party company A.
The plaintiff is obligated to pay the unpaid amount of the construction cost, on the other hand, 45,00.