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1. Defendant D Co., Ltd.: (a) from April 10, 2014 to January 31, 2019, KRW 73,580,978 to Plaintiff A Co., Ltd.
Reasons
1. Basic facts
A. The contractual relationship between the Plaintiff A and the Defendants, etc. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).
Defendant D Co., Ltd. (hereinafter “Defendant D”) on December 6, 2011
B) The name was changed into “H pension” on the ground of both F and three parcels in Yangju City, and the name was changed into “H pension”;
hereinafter referred to as “instant pension”
2) Newly constructed construction work (hereinafter “instant pension construction work”)
(2) On December 9, 201, Defendant D purchased three parcels (I, J, and K), other than 1,365 square meters prior to the date of Yangju-si, and completed the registration of ownership transfer on January 13, 201, with respect to each of the above parcels of land on December 13, 2012.
3) On January 31, 2012, Defendant D entered into a contract with Defendant E Co., Ltd. (hereinafter “Defendant E”) on the contract amounting to KRW 2,511,080,000 (including value-added tax) with respect to reinforced concrete construction among the instant pension construction works, on February 7, 2012, with respect to the instant pent-dong and Pdong, and on May 4, 2012, Plaintiff A obtained each building permit for the instant pent-dong and Pdong.
At the time of the conclusion of the above subcontract, Defendant D and R (the actual operator of Defendant D as the former representative director of Defendant D) jointly and severally guaranteed the Plaintiff’s obligation, and S (the actual operator of Defendant E as the present representative director of Defendant D) jointly and severally guaranteed the Defendant E’s obligation.
5) On December 7, 2012, the Defendants: (a) confirmed that Defendant E and implementer Defendant D had completed the instant penty construction without any defect; and (b) settled the remainder amount of construction cost as KRW 2,419,870,000 (including value added tax) and separate construction cost as KRW 5,00,000 (the cost for septic tanks and the cost for thrown away).