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1. The Defendant: (a) KRW 2,990,000 for the Plaintiff and 6% per annum from October 18, 2014 to June 11, 2015; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 30, 2013, the Defendant was awarded a contract for the public notice board and new house construction work on the ground C and subcontracted to D construction cost of KRW 58,700,000 regarding the mold portion among them. On March 4, 2013 or F, the Defendant was awarded a contract for the new construction work of urban-type residential housing on G (hereinafter “instant construction”) from E or F on March 4, 2013, and the portion of the mold portion was subcontracted to D for construction cost of KRW 186,150,000.
B. H concluded a temporary re-lease agreement with D, and leased temporary materials at the above C or G construction site, which was not paid up to 31,446,00 won, for the temporary materials that were paid up to 31,446,00 won.
(hereinafter “instant rent claim”) C.
H on June 27, 2013, sent to the Defendant a certificate of content that “The amount of KRW 29,896,000 for temporary site rent related to the above C and G site is unpaid from D.” As such, H directly paid the subcontract price to H, and the above certificate of content reaches the Defendant on July 1, 2013.
H, on August 21, 2013, with the claim amount of KRW 31,446,00, which is the amount of the instant rent claim, as KRW 31,46,000, the amount of the instant rent claim, issued a provisional attachment order against the Defendant regarding the subcontract construction cost (hereinafter “instant provisional attachment order”) regarding the said two construction sites against the Defendant on August 23, 2013.
E. On October 30, 2013, H died, and the Plaintiff, who was the actual operator of H, and the husband of H, succeeded to the claim based on the above temporary re-lease agreement with H due to a division agreed upon.
F. The Plaintiff filed a lawsuit seeking the payment of the total amount of rent claim of KRW 86,096,850, including the instant rent claim against D, as this Court Decision 2014Da53106, July 18, 2014, and the said judgment became final and conclusive.
G. On December 30, 2014, the Plaintiff based on the foregoing final judgment.