공사대금
1. The Defendant (Counterclaim Plaintiff) had the Plaintiff (Counterclaim Defendant) receive KRW 112,489,608 from January 7, 2017 to January 28, 2021.
The main lawsuit and counterclaim shall be examined together.
1. Facts of recognition;
A. 1) C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) in accordance with D’s proposal in around 2014, the following: (a) the so-called sale-type land trust owner and the truster and real estate trust company enter into a trust contract for development with a trust company, and return the remaining profits to the truster after completion of the development project; and (b) the trust type with the content that the owner and the truster and the real estate trust company will be the subject of the development project and the trust company will return the remaining profits to the truster; (c) the new building after completion of development is sold in lots after completion of the development project.
In the manner of this, a plan was formulated to construct and sell the two underground floors, the 15th floor neighborhood living facilities, and the amusement facilities on the above land.
2) As a part of the implementation of the above plan, the Plaintiff is a contractor, and D is a beneficiary, and D is a truster, and C is a truster, and F (hereinafter “F”) is a joint guarantor of the Si Corporation, and on September 24, 2014, as the joint guarantor of the Si Corporation, the Co., Ltd., Ltd. (hereinafter “F”) entered into an agreement with the said parties on the terms “the scope of business, rights, and obligations of the said parties regarding the execution of the said building-sale project by the method of the sale-type land trust” (hereinafter “instant business agreement”).
B. 1) Pursuant to the instant project agreement, C entered into a sale-type land trust agreement with the Defendant on September 24, 2014 with the Busan Seo-gu.
2) In accordance with the instant business agreement, on September 24, 2014, the Plaintiff entered into a contract for construction as follows: (a) the Plaintiff is a contractor; (b) the Defendant is a beneficiary; (c) the F is a joint guarantor; (d) the Plaintiff is a joint guarantor; (c) the Plaintiff is a joint guarantor, under which “construction of a second underground floor, a neighboring living facility with the 15th floor size above the ground level; and (d) the construction of a amusement facility and a amusement facility on the ground level” (hereinafter “new construction of this case”); and (e) May 2015.