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1. As to the Plaintiff’s joint and several liability amounting to KRW 86,620,00 and that amount:
A. Defendant B: (a) from January 23, 2015 to June 10, 2016.
Reasons
1. Basic facts
A. On June 14, 2013, D, the Plaintiff’s intra-company director, entered into a construction contract with ASEAN Co., Ltd. with the content that ASEAN would newly construct a detached house on the E site owned by ASEAN.
B. As the construction of the above new house was delayed for a period equivalent to the scheduled date of completion of the construction, ASEAN, Inc. waived the construction on December 30, 2013.
C. Defendant C has completed business registration in the name of Defendant B, who is a punishment in Seocho-gu Seoul Metropolitan Government, and engages in G’s mutual construction business.
On July 8, 2013, the Plaintiff entered into a contract with Defendant B’s agent under which G would perform the remainder of the construction of the said detached house among the construction of the said detached house.
(hereinafter “instant contract”). The construction period is from January 13, 2014 to February 28, 2014; the construction cost is KRW 89,00,000 (excluding value-added tax); the down payment is KRW 35,60,000; the intermediate payment is KRW 35,60,600; and the remainder is KRW 17,80,000.
E. On January 13, 2014, the Plaintiff purchased the above detached housing building under construction with the instant land from D and succeeded to the status of the contractor under the instant contract.
F. On January 14, 2014, the Plaintiff paid Defendant B KRW 39,160,000, including value-added tax, and on April 21, 2014, the intermediate payment including value-added tax was also paid KRW 39,160,000, respectively.
G. On March 2014, 2014, Jin Construction Co., Ltd., a subcontractor of son Co., Ltd., occupied the said detached house being newly built by asserting a lien.
Accordingly, the Plaintiff applied for a provisional disposition prohibiting interference with construction against the Jinjin Construction Co., Ltd. on July 11, 2014, but was dismissed on or around August 25, 2014, agreed to pay KRW 10 million to Jinjin Construction Co., Ltd. on August 25, 2014. Accordingly, Jinjin Construction Co., Ltd. was released from possession of the said detached house around that time.
H. Defendant C resumes the construction from August 25, 2014 to the Plaintiff with a percentage of the possession of Jjin Construction Co., Ltd., Ltd., and the construction from August 25, 2014.