공사대금
1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) On December 20, 2013, Defendant B contracted to G Co., Ltd. (hereinafter “G”) for construction work of H Ilwon Factory Site and new construction work of a factory in racing-si. 2,305,60,000 won.
G on March 26, 2014, the Plaintiff subcontracted civil engineering works, cut-off works, and road packaging works to the Plaintiff during the construction of the above factory site.
(2) On April 2, 2014, the Plaintiff drafted a written agreement under which Defendant B would be paid a direct payment for the construction cost, and then drafted a contract between Defendant B and Defendant B for the construction of reinforced concrete (hereinafter “instant construction”) among the construction works for building the Hewon Factory Site at Sejong-si (hereinafter “instant construction”) on March 26, 2014, with the construction cost of KRW 880,000,000 (including value-added tax) and the construction period from March 28, 2014 to June 30, 2014.
Since then, the Plaintiff and Defendant B extended the construction period to October 30, 2014.
(3) On March 28, 2014, Defendant C and D guaranteed the payment of the instant construction cost to the Plaintiff.
B. (1) Defendant D agreed with the Plaintiff to lend dump trucks and excavation equipment on April 2014, and used the said construction equipment at the construction site of this case.
On November 22, 2014, Defendant B prepared a letter to pay KRW 130,000,000 to Defendant D the equipment and oil cost of KRW 130,00,000 to Defendant D by December 20, 2014, and the Plaintiff signed it as Consenter.
(2) Defendant D filed a lawsuit against the Plaintiff and Defendant B as Daegu District Court 2015Kadan11673 (hereinafter “relevant case”) by asserting that the Plaintiff and Defendant B did not receive KRW 83,00,000 for the rent of construction equipment from Defendant B.
In the above lawsuit, Defendant B was sentenced on November 10, 2015 to pay KRW 50,000,000 and delay damages therefor to Defendant D.
The above judgment became final and conclusive on November 27, 2015.
C. (1) The Plaintiff and Defendant B would create a factory site by dividing the slope site into two parts.