손해배상(건)
1. The defendant (Counterclaim plaintiff) and the defendant shall jointly and severally file a claim against the plaintiff (Counterclaim defendant) for KRW 55,30,679 and the corresponding claim.
1. Facts of recognition;
A. The Plaintiff’s construction supply and demand for the construction of the instant building (hereinafter “instant building”) at the Seocho-si E and F.
B. Defendant B’s sewage level (1) The Plaintiff provided a verbal subcontract to Defendant B for construction work on November 1, 2017, for which H, who had given a subcontract for the “soil construction” among the instant building construction works, was retired from work.
The Plaintiff gave a subcontract to Defendant B for the removal of retaining walls and family facilities construction and the “refluent concrete construction work” around that time.
(hereinafter referred to as “instant construction work” in total, including Defendant B’s contracted construction work. The instant construction work amount was KRW 438 million by combining the construction work amount.
(2) At the request of Defendant B, I concurrently carried out the instant construction work.
(3) The Plaintiff, instead of paying the instant construction cost to Defendant B, directly paid the price for the goods or services that he raised.
C. On December 28, 2017, Defendant D officer appointed Defendant D as Defendant D’s representative director, Defendant B as Defendant D’s in-house director.
(1) Defendant B agreed with the Plaintiff to terminate the instant construction work on March 13, 2018.
Until that day, the amount paid by the Plaintiff in return for the instant construction project, such as the payment of goods and services on behalf of the Plaintiff was KRW 389,186,924.
(2) The Plaintiff asserted that the additional claim was made up of KRW 34 million for the goods and the service payment was made up of that day, and demanded the settlement of the construction payment that was paid in excess of that amount compared with the period of time.
Defendant B and Defendant D (I acted as representative director) committed each of the following orders (hereinafter referred to as “each of the instant orders”).
The above site shall waive the construction payment.
Provided, That all parts (the whole amount consisted at the beginning) of the remainder, including services, materials, equipment, etc., shall be liable to (the defendant).
The amount of money which has been paid shall be paid to (Plaintiff) not later than eight months.
The request for payment is made;