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1. On the Plaintiff (Counterclaim Defendant),
A. The administrator C of the Defendant (Counterclaim Plaintiff) Company B, who was the receiver C.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. E Co., Ltd. 1) E Co., Ltd. (former trade name: F. F. hereinafter “Nonindicted company”)
(2) On September 5, 2013, between the Plaintiff and the Plaintiff on September 5, 2013, the Plaintiff’s factory extension work (hereinafter “instant construction work”).
(1) A contract under which a contract is to be concluded for a fixed rate of KRW 498,300,000 for the construction period from September 13, 2013 to December 31, 2013, and for a rate of KRW 0.1% per day for delay compensation (hereinafter “instant construction contract”).
(2) Around that time, Nonparty Company terminated the instant construction work in accordance with the instant construction contract, and the Plaintiff obtained approval for the use of the instant factory extended on July 1, 2014 from the Kimhae market. The Plaintiff paid KRW 496,000,000 out of the construction price of the instant case to Nonparty Company.
3) The Nonparty Company filed a lawsuit against the Plaintiff seeking payment of KRW 105,972,785 in the balance of the instant construction cost, including additional construction work as Busan District Court Decision 2014Da255622 (hereinafter “instant lawsuit”).
(2) On October 27, 2016, the Plaintiff filed a judgment and received the payment of 58,142,904 won to the non-party company and the interest thereon at the rate of 6% per annum from July 2, 2014 to October 27, 2016, and at the rate of 15% per annum from the next day to the date of full payment. The judgment of the non-party company and the Plaintiff appealed to the above judgment with the Busan District Court 2016Na52903, and on June 22, 2018, the part of the judgment against the non-party company, which constitutes the additional payment order under the judgment of the first instance, was revoked. The Plaintiff received 28,142,110 won from July 2, 2014 to June 22, 2018 to the day of full payment, each of the above judgment of 15% per annum from the next day to June 25, 2018.
B. B. The Defendants’ assignment order 1).