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1. Defendant (Counterclaim Plaintiff) Co., Ltd. and Defendant B jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 208,486,389.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 14, 2012, the Plaintiff entered into a contract for the construction of 22,760,00 won in the contract amount, total construction amount of KRW 2,056,00 in the construction period, and construction period of KRW 2,056,00 in the construction period from September 18, 2012 to December 18, 2012, the Plaintiff entered into a contract for the construction of 2nd section of the bicycle lane (the first section) with the Plaintiff on September 14, 2012, within the scope of the amount calculated by deducting the first contract amount from the total construction amount. On November 7, 2012, the contract was concluded with the Plaintiff for the construction of 2nd section of the bicycle lane (the second section) with the Plaintiff during the construction period of KRW 1,933,311,00 in the construction period of KRW 2,056,00 in the total construction period of KRW 071,000, Nov. 7, 20120
(2) The construction of this case is referred to as the “instant construction,” in total of the above 1 and 2 construction.
(2) After December 10, 2012, the Plaintiff entered into a modified contract with the Namyang Urban Corporation to KRW 2,056,071,00 at KRW 2,053,942,00, and the construction period on December 18, 2012 from September 18, 2012 to December 18, 2012.
B. Around October 2012, the Plaintiff entered into a subcontract with Defendant A with regard to the instant construction works, water supply and drainage works, packing works, and metal hold works, the total contract amounting to KRW 1,018,417,400, and the construction period from October 18, 2012 to December 18, 2012 (hereinafter “instant subcontract”).
C. Meanwhile, unlike the scope of construction stipulated in the instant subcontract agreement, the Plaintiff and Defendant A agreed to collectively subcontract the instant construction work to Defendant A. Accordingly, around November 2012, the Plaintiff determined the agreed amount to be paid to Defendant A to the entire construction of the instant construction work as KRW 1,495,00,000, which is 82% of the net construction cost.