공사대금
1. Defendant A Co., Ltd.: (a) with respect to KRW 165 million and its total amount of KRW 30 million to the Plaintiff (Counterclaim Defendant). < Amended by Act No. 9650, Aug. 8, 2009>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a corporation operating electrical construction business, etc., and the name of the Defendant Company A (hereinafter “A”) was changed to “A” on September 30, 201, and the Plaintiff is a corporation conducting educational program development business, etc., and the Defendant Company B (hereinafter “E”) was incorporated with the trade name of “B” on December 10, 209, and its trade name was changed to “B” on August 3, 2010.
B. On June 1, 2009, the Plaintiff lent KRW 30 million to Defendant A for business purposes, and the period of repayment was set on August 30, 2009.
C. Defendant A awarded a contract for the new construction works in Gangseo-si Construction Co., Ltd. (hereinafter “Seoul-si Construction”), and on July 20, 2009, the Plaintiff received a subcontract for the construction works of electricity, telecommunication, and electricity and fire fighting (hereinafter “instant construction works”) among the above construction works from the said Gyeong-si Construction. Meanwhile, Defendant A provided a joint and several surety for the payment obligations of the construction costs against the Plaintiff of the Seoul-do Integrated Construction.
The comprehensive construction at Jae-do has paid the Plaintiff the construction cost of KRW 10 million on September 29, 2009 and KRW 10 million on October 27, 2009.
E. As Defendant A changed the contractor of D-built Construction to Defendant B, Defendant A and the Plaintiff, around January 10, 2010, concluded a subcontract agreement between Defendant B and the Plaintiff, which set forth the instant construction work as KRW 275 million and succeeded to the construction contract between Defendant B and the Plaintiff as it is, around January 10, 2010.
F. On June 23, 2010, the Plaintiff completed the instant construction work.
G. Defendant B paid the Plaintiff the construction cost of KRW 10 million on January 29, 201, KRW 10 million on February 9, 2010, KRW 20 million on March 17, 2010, KRW 30 million on April 1, 2010, KRW 120 million on January 5, 201, and KRW 120 million on the aggregate.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1.