공사대금
The Plaintiff
A. Defendant B Co., Ltd.: (a) the amount of KRW 373,106,422 as well as the amount thereof, from July 24, 2019 to February 10, 2021.
1. Facts of recognition;
A. On November 6, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a trust agreement on the management of the right to claim ownership transfer registration with respect to the land ownership transfer registration with respect to the land ownership transfer registration (hereinafter “instant land”) with Defendant B on the same day. Defendant C transferred the status of purchaser under the sales contract with respect to the instant land from Defendant B on the same day.
B. On January 9, 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) with respect to the construction of the new construction of Defendant B Co., Ltd. and the instant land on the second and second underground floors, and B of the fifth floor size (hereinafter “the instant building”) on the ground (hereinafter “instant construction”). The contract amount was set at a contract amount of KRW 6,230,400,000 (including value added tax) by calculating the contract amount as 3.4 million won per square year in consideration of the quota (EUIT) cost required for the loan to procure the instant land purchase price. < Amended by Act No. 15030, Jan. 10, 2018; Act No. 15038, Dec. 20, 2018; Act No. 15068, Jan. 20, 2018; Act No. 15090, Jan. 10, 2018>
(c)
In order to meet the net asset ratio of Defendant B for loan, the Plaintiff and Defendant B agreed to lower the contract price on the contract for the instant construction project to be submitted to a financial institution, trust company, etc., and prepared a contract for the construction project, stating the contract price of KRW 5,679,300,00 (including value added tax) on January 16, 2018, the date of commencement, January 16, 2018, the date of scheduled completion, December 20, 2018, and submitted it to the Defendant C and the financial institution.
The contract provides that the general terms and conditions of the contract for private construction works and the special terms and conditions of the contract shall be included as part of the contract, and the special terms and conditions of the contract (hereinafter referred to as the “special terms and conditions of the contract in this case”) shall be established under the mutual agreement between the defendant B and the plaintiff, on the basis of the following terms and conditions: