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1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally agreed with the Plaintiff (Counterclaim Defendant) to KRW 317,275,000 and its related amount on June 11, 2013.
Reasons
1. Basic facts
A. The Plaintiff is a company for the construction and operation of a tourist hotel, specialized resort business, tourism business, etc., and the Defendant A is a person who runs the shipbuilding business in the trade name of “B,” and the Defendant’s type vessel is a company for shipbuilding.
B. On December 29, 2010, the Plaintiff entered into a multi-purpose convention building agreement (hereinafter “instant shipbuilding agreement”) with Defendant A and Defendant A to build a vessel of 230 tons FRP material (hereinafter “instant vessel”) at KRW 1.4 billion (value added tax) for the construction cost, and the down payment of KRW 200 million on the date of the contract, and the intermediate payment of KRW 420 million on the hull-type, KRW 2880,000,000 from the intermediate payment was paid at the time of application for registration, and the remainder amount of KRW 200,000,000 shall be paid at KRW 28,000,000 from the date of delivery, and on the same day, Defendant A jointly and severally guaranteed the obligation of Defendant A under the instant shipbuilding agreement.
C. As a result of the instant shipbuilding contract, the Plaintiff paid Defendant A a down payment of KRW 200 million on December 29, 2010, the Plaintiff paid KRW 150 million on June 6, 2011, KRW 30 million on January 6, 2012, KRW 50 million on March 29, 2012, and KRW 890 million on March 29, 2012. On November 30, 2011, the Plaintiff paid KRW 185,495,000, out of the vessel price claim against the Plaintiff from Defendant A, to the Korea FRP company that received KRW 185,495,00 on November 17, 2013.
From April 14, 2011, Defendant A commenced construction of the instant vessel and continued construction, and discontinued construction on October 21, 201 at the site, and on March 27, 2012, Defendant A received KRW 510 million from the Plaintiff to receive KRW 510 million of the vessel price from the Plaintiff, and resumed construction around April 5, 2012.
E. After that, Defendant A requested the Plaintiff to pay additional construction cost of KRW 422,8160,000 to the Plaintiff on August 22, 2012, but the Plaintiff did not pay additional construction cost.