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1. The Plaintiff:
A. Defendant B Co., Ltd.: KRW 7,200,000 and its amount from March 11, 2017 to November 8, 2018.
Reasons
1. Basic facts
A. The Defendant C and D, E, and F entered into an execution and construction agreement with Defendant C on July 5, 201, “G urban-type residential housing implementation and construction agreement”.
If Defendant C provides as a construction site the H 572 square meters and 49 square meters (the Defendant C’s ownership; hereinafter “instant land”) for the construction site, the foregoing arrangement provides D, E, as a contractor, with construction authorization, permission, sale and advertisement, and construction completion-related affairs, and F, as a contractor, newly constructs and sells a building by performing construction design, construction and completion-related affairs, and paying KRW 900 million to Defendant C as a land price.
(B) Construction of a new building on the instant land (hereinafter “instant construction”).
1) Defendant C and J Co., Ltd. (hereinafter “J”)
(1) On October 4, 2013, Defendant B Co., Ltd. (at the time, “K Co., Ltd.” was “K Co., Ltd.”), and the name of the company was changed to its trade name as of January 12, 2015.
Defendant B, regardless of whether it was before or after the change in the trade name;
A) The “written contract for construction work” was drawn up that the contract amount is set at KRW 3.466 billion and that the instant construction work is awarded to the contractor (in two pages of the contract, Defendant C is written by the contractor, J, the owner of the work, and Defendant B as the contractor.
(2) Defendant B drafted the “Agreement on the Construction of New Urban Residential Housing in Ycheon-si” to the effect that Defendant B and F, on October 4, 2013, the same seal, and that the instant construction will both be responsible for F.
(F) The agreement provides that all recipients shall be entitled to receive the full amount of the agreement. The main contents are as follows:
Article 3 (Distribution of Business Affairs) of the General Urban Housing Construction Project in Yangcheon-si.
1. The scope of Defendant B’s business is to assume the responsibility for:
(1) Defendant B shall enter into a contract with a project owner.
(2) When Defendant B receives a loan from a financial right in connection with the construction of the party project site, he/she shall stand joint and several sureties.
3. Defendant B is the party’s place of business.