회생채권조사확정재판에 대한 이의의 소
1. Pursuant to the claim of the Plaintiff (Counterclaim Defendant) that was exchangedly changed in this Court, D and one parcel, at Jeju Island, shall be above ground.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On September 7, 2011, C Co., Ltd. (hereinafter referred to as “C”) contracted from the Plaintiff for construction work on the land outside D and one parcel of land (hereinafter referred to as “instant construction”) subcontracted the installation work among the above construction works to the Defendant at KRW 380,000,000.
B. Since then, as the use of the pertinent building was changed from an urban apartment to an accommodation facility, C and the Defendant concluded a modified contract on December 26, 2012, including the content that the date of completion will be extended to February 10, 2013.
At the time of the conclusion of the above modified contract, the parties calculated the amount of the claim for the term of 200,000,000 won and the amount of the claim for the term of 180,000,000 won, and decided to increase the total subcontract price of 395,779,000 won in consideration of the change of use. In this case, the Plaintiff, the owner of the building, guaranteed the payment of the increased total construction price.
C. The Defendant completed the construction under the above modified contract.
C paid to the Defendant a sum of KRW 350,00,000 in total face value from December 30, 201 to January 15, 2013, as the instant construction cost, and KRW 28,000,00 in cash, respectively, on February 25, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 3 (including additional evidence; hereinafter the same shall apply), plaintiff E's testimony and purport of whole pleadings
2. The parties asserted that the Defendant concluded a contract with C to increase the construction price of this case in KRW 395,779,00 under the Plaintiff’s guarantee and completed the construction work. On the other hand, the Defendant asserted that C received only a total of KRW 378,00,000 as the construction price, even though C received additional construction directly from the Plaintiff, after being awarded a contract with C for the pipeline construction of each floor of accommodation facilities, it received only a total of KRW 9,45,00,000 as the construction price, while the Plaintiff claimed that C paid all the construction price of this case to the Defendant through
3. Determination
(a) Guarantee obligations;