공사대금
1. Defendant B’s KRW 68,600,000 as well as 5% per annum from August 1, 2014 to November 17, 2015 to the Plaintiff.
The plaintiff is a company operating electrical construction business, etc., and the defendant school foundation A (hereinafter referred to as "defendant school foundation") is a school foundation established with the purpose of establishing and operating a C college under its jurisdiction.
Around December 31, 2013, Defendant B entered into a provisional agreement with Nonparty D, the president of the Defendant Educational Foundation, to accept the Defendant Educational Foundation.
(hereinafter “instant provisional agreement”). Defendant B acquired the Defendant school juristic person and changed the name of “C University” under the Defendant school juristic person into “E University”, and intended to be appointed as president of “E University” with authorization from the Minister of Education for the establishment of a university. In order to obtain such authorization, the repair work of the existing Cuniversity building (hereinafter “instant building”) was required.
On January 27, 2014, Defendant B issued the order of the president of the E-university to the Plaintiff, stating that the Plaintiff was paid the down payment and the intermediate payment to take over the Defendant educational foundation upon the introduction of Nonparty F. On the other hand, Defendant B agreed that the construction work for the instant building will be paid later.
Accordingly, from around that time to May 2014, the Plaintiff executed an electrical repair work (hereinafter “instant electrical construction”).
On the other hand, on February 17, 2014, Defendant B, etc. notified Defendant B, etc. of the purport that the instant provisional agreement was cancelled on the grounds that the payment of the acquisition price under the instant provisional agreement was delayed twice by entering into the instant provisional agreement with Defendant B, etc., while the acquisition fund of the Defendant educational foundation was not secured. By March 3, 2014, D notified Defendant B, etc. of the purport of requesting the removal from the instant building by the date of the instant provisional agreement
Defendant B, around February 2014, appointed Nonparty G as “the Head of the E University Construction Headquarters” and ordered G to manage the site of repair works of the instant building, and the instant provisional agreement was rescinded.