위탁비용 및 선급금반환 청구의 소
1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant (Counterclaim Plaintiff) Company B, Defendant C, and D are jointly and severally liable for KRW 100,000,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company engaged in water supply and sewerage works, machinery and equipment construction works, etc., Defendant B is a company engaged in civil engineering and construction works, etc., and Defendant C is a inside director of Defendant B’s representative.
B. Busan Metropolitan City contracted the F business (hereinafter “E”) to E Co., Ltd. (hereinafter “E”), and on July 4, 2014, the Plaintiff changed the contract amount of KRW 7,972,80,000 from E to KRW 8,261,00,000 (including value-added tax; hereafter the same shall apply in this paragraph) on March 24, 2015. The contract amount of the said F Co., Ltd. was changed to KRW 10,023,200,00 on May 26, 2016.
(including value-added tax) subcontracted
(hereinafter referred to as “instant subcontract”). (c)
1) On September 15, 2014, the Plaintiff: (a) between Defendant B and Defendant B, the Plaintiff paid advance payment and payment for progress payment pursuant to the instant consignment contract with Defendant B; (b) the construction cost pursuant to the instant consignment contract shall be paid in four equal installments; and (c) Defendant B, upon receipt of a contract security or a payment guarantee certificate for each advance payment and payment for each of the following items, decided to deliver the same to the Plaintiff (the supply price of KRW 5,563,00,000, the first supply price of KRW 1,144,000,000, the second supply price of KRW 1,245,00,000, the third supply price of KRW 1,577,000,000, the supply price of KRW 1,597,000,0000, KRW 1,597,000, KRW 000, KRW 5000, KRW 636,405,015, supra.
(A) The main contents are as follows (A is the Plaintiff, and B is the Defendant.
(b)..