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1. The Defendant’s KRW 61,443,353 as well as the Plaintiff’s KRW 61% per annum from June 1, 2013 to March 18, 2015, and the following.
Reasons
1. Determination as to the cause of claim
A. 1) The Defendant’s representative director C’s construction of neighborhood living facilities and detached houses on each ground of the Incheon Jung-gu F and G land from E Co., Ltd. operated by D around 2012 (hereinafter “instant construction”).
(2) On November 22, 2012, B Co., Ltd. subcontracted the Plaintiff the construction cost of KRW 210,00,000 (excluding value-added tax, advance payment of KRW 31,50,000 (the time of materials input), advance payment of KRW 31,500,000 (the time of materials input), intermediate payment of KRW 105,000 (payment according to process), completion payment of KRW 42,00,00 (within 15 days after completion); construction cost of the above F and G ground building; construction cost of KRW 191,00,000; and the above H building construction cost of KRW 19,00,000).
3) For the execution of the instant construction project, C and their children were required to obtain registration of construction business among the construction licenses, and upon taking over J around November 2012, 2012, the construction business registration was completed among the construction licenses under the Defendant’s name on December 28, 2012, and the Defendant acquired the status of a party to the instant construction contract and subcontracted contract from the end of March 2013 to the E Co., Ltd., the owner of the instant construction business, and the instant construction business was suspended on May 31, 2013.
5) The Plaintiff’s construction work among the construction work of new buildings on land F and G in Jung-gu Incheon, Jung-gu, and Jung-gu, from May 31, 2013, where the instant construction work was interrupted under the subcontract contract as described in the foregoing sub-paragraph (b) (hereinafter “instant subcontract work”).
(6) The Defendant did not perform the construction work under the above subcontracting contract with respect to detached houses on the ground of H land in Jung-gu Incheon, Jung-gu. 6) immediately after the instant construction work was interrupted, Incheon District Court against D.