공사대금 등
1. On the Plaintiff (Counterclaim Defendant),
A. As to the Defendant (Counterclaim Plaintiff) KRW 3,565,157,857 and its KRW 1,854,680,148.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Defendant Company entered into the instant contract, etc.
) A new project (hereinafter referred to as “instant project”)
(2) On September 13, 2010, the Plaintiff entered into a contract for the instant building construction with the Defendant Si and the instant building construction (hereinafter “instant contract”). Around July 2011, the Plaintiff entered into an amendment agreement to extend the construction period of the instant contract by August 13, 2012.
3) On September 15, 2010, Defendant Executing Company, the Plaintiff as the contractor, the Plaintiff as the contractor, the lending financial institution (Korea Investment Mutual Savings Bank of Korea, ABF Bank of Korea, ABF Bank of Korea), and the Defendant Trust Company as the trustee, prescribed their respective rights and obligations regarding the instant project and stably proceed with the instant project, thereby making smooth repayment of the principal and interest of the loan (hereinafter “instant business agreement” and “instant trust agreement” and “instant trust agreement”).
(4) On February 14, 2011, the Plaintiff concluded a construction contract succession contract (hereinafter “instant succession contract”) with the content that the Defendant Company, the Trust Company, and the Defendant Company, under the instant contract, jointly succeed to all rights and obligations that the Defendant Company would jointly succeed to (hereinafter “instant succession contract”).
5) Meanwhile, the main contents of the instant contract, the instant business agreement, the instant trust agreement, and the instant succession agreement are as indicated in attached Table 2 “the terms and conditions of the instant contract.” (B) On February 14, 2011, the Plaintiff reported the commencement of the construction of the instant building on February 14, 201 in accordance with the instant contract, and subsequently requested the Defendant’s trust company to conduct a completion inspection on October 23, 201 after performing the construction of the instant building. On October 29, 2012, the Plaintiff approved the use of the instant building on October 29, 2012.