시공계약 해제 확인
1. Defendant-Counterclaim Co., Ltd., Defendant C, D, and E between the Plaintiff (Counterclaim Defendant, the appointed party) and the appointed party F.
Basic facts, the main lawsuit and counterclaim shall be deemed to be the same.
On April 15, 2018, the Plaintiff and the Selected F of the instant construction contract (hereinafter collectively referred to as “Plaintiffs”) entered into a contract for the construction work (hereinafter referred to as “instant construction contract”) that sets up a house (hereinafter referred to as “instant building”) in Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) and Kimpo-si G (hereinafter referred to as “instant land”) with respect to the construction work that sets up a house (hereinafter referred to as “instant building”) in the city of Kimpo-si (hereinafter referred to as “instant construction work”). From May 20, 2018 to November 15, 2018, the contract was concluded (hereinafter referred to as “instant construction contract”).
Defendant C is the director of the site of the instant construction, Defendant D is the person who was working as a tree at the site of the instant construction, and Defendant E is the inside director representing Defendant B.
The Plaintiffs paid in cash the construction cost of KRW 100,000,000 out of KRW 320,000,000 at the time of the instant construction contract, and paid the remainder of KRW 220,000,000 out of the instant land by Defendant B sold at least 220,000,000, and appropriated the remainder of the construction cost, and decided that the remainder will be the profits of Defendant B.
The instant contract for construction is stipulated as follows: “I will assume the burden of design expenses, authorization and permission, and tax only by the owner” under Article 14.
The Plaintiffs paid KRW 100,00,000, total of KRW 30,000 on April 16, 2018, KRW 30,000 on August 3, 2018, KRW 20,000 on September 3, 2018, and KRW 18,000,000 on September 18, 2018, and KRW 100,000 on September 6, 2018.
On September 9, 2018, the Plaintiffs raised an objection to the instant construction-related dispute and the agreement that the inside of the instant building was not constructed as the previous design.
On September 11, 2018, Defendant C and D signed and sealed on September 2018, as the field manager at the revised construction performance angle stating that “I, in the construction process ofG, recognize and promise to implement all construction works that have been executed without authorization from the owner of the building differently from the drawings.”
Defendant E shall be September 2018.