대여금반환
1. In accordance with the claim of the principal lawsuit that was changed in exchange at the trial, the Defendant (Counterclaim Plaintiff) with the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. As to the new construction of D (hereinafter “instant building”) on the land outside Seo-gu Incheon, Seo-gu, Incheon and two parcels (hereinafter “instant construction”), Pyeongtaek Industrial Development Co., Ltd. (hereinafter “ Pyeongtaek Chang Industrial Development”) (hereinafter “instant construction”), the construction period between the Defendant and the Defendant on January 11, 2012, and the construction period from January 18, 2012, with respect to the construction of D (hereinafter “instant construction”).
5. Until July 30, 201 (the termination date of the construction period was finally extended on July 20, 2012 according to a modified contract with more than two occasions). The construction cost was a total of KRW 6.971,900,00 (value-added tax separate). However, a contract was concluded under which the Defendant succeeds to the structural construction in the course of construction, and the Defendant shall pay KRW 340,000,000 in the name of the construction deposit (hereinafter “instant construction deposit”) for the payment of the construction cost (hereinafter “instant contract”).
B. However, as a result of the Defendant’s delay in construction work due to the Defendant’s failure to procure the construction cost, and the completion thereof was impossible by the date of completion under the instant contract, the Defendant, on July 2, 2012, entered into an settlement agreement (hereinafter “instant settlement agreement”) with the following: (a) the Defendant waived profits on the contractual specifications submitted at the time of entering into the instant contract; (b) the Defendant consented to the subcontractor to directly perform the construction cost and profit-making amount; and (c) the average industrial development would be paid KRW 340,00,000 for the construction deposit and the general management cost of KRW 240,729,921.
C. After that, due to the delay in the payment of the construction cost to the subcontractor, the instant construction was not properly carried out, and the construction was suspended at the end of August 2012, and thereafter, the creditors of the Pyeongtaek Industrial Development had been able to exercise the right of retention on the instant building.
The development of the Pyeongtaek Industrial Development shall notify the defendant of the termination of construction at that time.