손해배상(기)
1. The Defendant and the Defendant (Counterclaim Plaintiff) jointly share to the Plaintiff (Counterclaim Defendant) KRW 23,379,00,000, as well as with respect thereto. < Amended by Act No. 13358, May 15, 2015>
1. Basic facts
A. On March 25, 2013, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the new construction of D ground (hereinafter “instant construction”) that the Plaintiff orders, and agreed on March 25, 2013, the date of commencement shall be March 25, 2013; the date of completion shall be July 15, 2013; the date of completion shall be July 15, 2013; the construction cost shall be KRW 155,00,00 (no value-added tax is assessed separately; the construction contract shall be assessed as value-added tax; however, there is no dispute between the parties regarding the fact that the Plaintiff would not be subject to any separate value-added tax, other than the said amount).
B. Defendant C, the representative director of the Defendant Company, around that time, was the nominal owner of the contract between the Plaintiff and Defendant C on behalf of the Defendant Company, and the remainder was separately prepared.
C. The Defendants did not complete the construction before July 25, 2013, which was the completion date of the completion date, and suspended the construction before September 2013. As a result, the Plaintiff entrusted the remaining construction to other companies on November 16, 2013, and completed the registration of ownership transfer on the said housing on December 12, 2013 after obtaining approval for the use thereof on February 24, 2014.
On April 30, 2013, the defendant company was decided to commence rehabilitation procedures (2013 Ma17) by the Daegu District Court, and the defendant C was appointed as the administrator of the defendant company.
[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 4-1, Eul evidence No. 5, Eul evidence No. 8-1, 2, Eul evidence No. 9, Eul evidence No. 10-1 and 2, and the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The plaintiff asserts that the plaintiff should recover KRW 70,284,000 from the defendants for the following reasons.
1) The Plaintiff entered into a contract for the instant construction work with the Defendant Company, and Defendant C jointly and severally guaranteed that contract. (2) The Plaintiff exceeded KRW 155,00,000,000 for the construction cost agreed on the instant construction work with the Defendant Company.