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1. The Defendants each amounting to KRW 106,66,00 for the Plaintiff and Defendant C with respect thereto from September 19, 2014.
Reasons
1. Determination as to the cause of claim
A. (i) around September 2012, D and E decided to newly construct multi-household housing and neighborhood living facilities on the seven lots, such as Ulsan-dong, Ulsan-gu F, and requested the construction company of solar integrated construction (hereinafter “Tyang integrated construction”) (hereinafter “Tyang integrated construction”).
D. Around October 8, 2013, Defendant C accepted from D the part of KRW 946,00,000, out of the above construction cost liability for D’s solar integrated construction, as well as the part of KRW 771,00,000, out of the above construction cost liability for E’s solar integrated construction (hereinafter “Manan Development”) from E, respectively.
(2) In order to preserve the claim for the agreed amount (No. 736, 2012) against Taeyang General Construction (No. 736, Dec. 11, 2012), the Plaintiff requested the Defendants to seize and collect the claim amounting to KRW 106,66,00 among the claim for each of the respective construction cost of this case, and the Ulsan District Court rendered a decision to seize and collect the claim amounting to KRW 106,66,00 among the claim for each of the construction cost of this case as the Defendants.
(hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on January 29, 2014, respectively.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 evidence, Eul 3-1, 2-2, the purport of the whole pleadings
B. According to the above facts of recognition, the defendants are obligated to pay each of the construction cost obligations of this case to the plaintiff holding the collection right according to the seizure and collection order of this case as to KRW 106,66,00 among the construction cost obligations of this case.
Therefore, the Defendants calculated 20% per annum from September 19, 2014 to the day after the delivery date of a copy of the complaint of this case to the Plaintiff, and from March 18, 2014 to the day of full payment, the Defendants calculated 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.