약정금 청구 등
1. Defendant B, C, and D shall each of the Plaintiff KRW 1,964,89,066 and as to this, Defendant B, from April 1, 2006.
1. The following facts can be acknowledged in full view of Gap evidence Nos. 1 to 7 (including branch numbers in the case of additional numbers), Eul evidence No. 1, Eul's testimony of witness E, fact-finding results of this court's fact-finding and the whole purport of the pleadings.
Defendant B had engaged in real estate development business in the name of “F” around 2002.
F was the representative of Defendant A, who is the birth of Defendant B, and completed business registration under the name of Defendant A.
B. On March 19, 2003, the Plaintiff prepared a contract for construction work (Evidence No. 2-2, hereinafter referred to as the “instant contract for construction work”) with F during the period from March 19, 2003 to February 26, 2003, which was awarded a contract for construction work (hereinafter referred to as the “instant contract for construction work”) with F during the period of construction cost of KRW 5,800,000,000, and the period of construction from February 26, 2003 to July 25, 2003. The name of the contractor under the instant contract for construction work was written as “F Company A and one other,” and the Defendant’s personal seal imprint was affixed next thereto.
C. Since December 7, 2004, the Plaintiff extended the construction period to December 20, 2004, and prepared a modified contract stating that the contract amount of KRW 5,800,000,000 shall be added to value-added tax of KRW 580,00,000 in the above contract amount (Evidence A2-3; hereinafter referred to as “instant modified contract”) by stating that the contract amount shall be KRW 6,380,000,000, and this modified contract for construction works shall be referred to as “instant contract for construction works.”
The name of the contractor of the instant contract was written as “F Company: F Company, Name A, and one other,” and Defendant A’s seal was affixed next thereto.
On February 10, 2006, the Plaintiff requested Defendant B to pay KRW 1,764,89,066 to the Plaintiff by March 31, 2006, in total, KRW 1,616,565,04 and KRW 148,334,02 for the refund of value-added tax due to the instant construction contract and the amount of value-added tax refunded. If the Plaintiff did not perform this, the Plaintiff would not perform it.