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1. As to KRW 1,226,00,000 among them and KRW 500,000,000 among them, Defendant A (Counterclaim Defendant) shall have the effect on May 2, 2016.
Reasons
Basic Facts
The Plaintiff (the Plaintiff used the trade name “MES,” and changed the trade name on February 18, 2016) is a corporation that mainly engages in construction business, and the Defendant A is the owner of the land listed in the separate sheet (hereinafter “instant land”).
On July 18, 2013, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with Defendant A, under which the Plaintiff had to construct a new building (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant construction works”) with a total cost of construction KRW 2.6 billion (excluding value-added tax) and the construction period from August 26, 2013 to August 31, 2014 (hereinafter “instant contract”).
At the time of the instant contract, the Plaintiff and Defendant A entered into a special agreement on the payment of the construction cost (hereinafter “the first special agreement of this case”) with the main content that the payment of the construction cost shall be made by selling the instant building in lots. The main content of the first special agreement of this case is as set forth in the attached Form 1.
At the time of entering into the instant contract, Defendant B guaranteed the Defendant A’s obligation for construction cost.
The instant construction was interrupted on February 1, 2014. In order to resume the instant construction, Defendant A entered into a contract with the Plaintiff on June 16, 2014 regarding the instant contract (hereinafter “instant first modification contract”) with the content that (i) the total construction cost of KRW 2.75 billion was changed from August 25, 2013 to December 31, 2014; (ii) the construction period was changed from August 25, 2013 to December 31, 2014.
The Plaintiff and Defendant A entered into an additional special agreement (hereinafter “the second special agreement”) at the time of the conclusion of the said modified agreement, and the main contents are as stated in the attached special agreement No. 2.
At the time of the conclusion of the above modified contract, Defendant B guaranteed the Defendant A’s obligation for construction cost.
Defendant A secured the construction cost, etc. already incurred by the Plaintiff on August 14, 2014.