손해배상(기)
1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.
2...
A principal lawsuit and a preliminary counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of construction business, housing construction business, etc. (non-party F of the representative before changing December 28, 2015).
Defendant B (hereinafter “B”) is a corporation established for the purpose of construction business, artificial fishery, etc., and Defendant C actually operates Defendant B.
B. On December 7, 2014, the Plaintiff concluded a contract with Defendant B on December 3, 2015, with the cost of KRW 357,000,000 in construction of the petition-based G model housing (Additional Tax) and January 22, 2015 on the completion date.
(hereinafter “instant construction contract” or “instant construction contract”). C.
On June 30, 2015, Defendant B issued and delivered a written waiver of the construction contract to the Plaintiff, which received the payment for completed portion of KRW 170 million and renounced the instant construction work. D.
On July 1, 2015, the Plaintiff and the Defendants drafted a notarial deed of debt repayment contract for the instant construction price (hereinafter “instant notarial deed”) by a notary public E-office of the Cheongju District Prosecutors’ Office, No. 704, 2015, and the main contents thereof are as follows:
Defendant C shall transfer to Defendant D the claim amounting to KRW 170 million against the Plaintiff regarding the instant construction project.
The Plaintiff shall pay the said money to Defendant D in cash by October 30, 2015.
Defendant C shall settle the subcontract price, etc. up to now at the above KRW 170,000,000,000, and may not transfer the above price to the Plaintiff prior to the payment date.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 6 and the purport of whole pleading
2. The plaintiff's main claim
A. The Plaintiff determined the cause of claim 1 against Defendant B and Defendant C, “Defendant C was awarded a contract for the instant construction work from the Plaintiff and lent the name of Defendant B.
Defendant C failed to complete the instant construction work by January 22, 2015, which was the date of completion.
Defendant C, on June 30, 2015, paid-in portion from the Plaintiff, KRW 170 million.