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1. The Defendants are jointly and severally liable to the Plaintiff for a fee of KRW 311,601,00 and the period from October 31, 2018 to July 12, 2019.
Reasons
1. Facts of recognition;
가. 당사자의 지위 1) 원고는 부동산개발업, 부동산임대 및 매매업 등을 영위하는 회사이고, D는 원고의 사내이사이다. 2) 피고 B 주식회사(이하 ‘피고 회사’라 한다)는 토목건축공사업 등을 영위하는 회사이며, 피고 C은 피고 회사의 대표이사 겸 사내이사이다.
B. On October 20, 2016, the Plaintiff: (a) concluded a contract with the Defendant Company with the “Gung E newly built project” at the contract price of KRW 2.9 billion (excluding value-added tax); and (b) during the construction period from October 20, 2016 to April 30, 2017 ( regardless of whether the terms and conditions of the contract were modified, collectively referred to as the “instant contract” is collectively referred to as “instant contract,” regardless of whether the terms and conditions of the contract were modified.
(2) At the time of concluding the said contract, the Plaintiff and the Defendant Company drafted a written agreement, “Gang 2 special agreement” and the said written agreement contains the following:
(A) The interior 3-2) The whole part of bathing rooms, except for furnitures, such as stone and straws, and clothes, shall be finished (based on 10-main calendars x 3) the air heat of 3 (10-mains x 3) the groundwater pumps (60-mains x 60-ma).
(3) On September 13, 2017, the Plaintiff and the Defendant Company entered into a contract for the alteration of the contract amount to KRW 4.25 billion in terms of the terms and conditions of the said contract, and the deadline for completion to October 30, 2017.
(A) After that, the Plaintiff and the Defendant Company changed the terms and conditions of the said contract again to set the final contract amount of KRW 4,632,769,00 (Evidence 5-1 through 14, 2, and 3-5). Meanwhile, the Plaintiff paid KRW 3,676,956,776 in total as the construction cost from November 29, 2016 to March 5, 2018 according to the said contract. The Plaintiff prepared the instant performance note and the instant loan certificate as seen below, and remitted KRW 650,00,000 on April 6, 2018, and KRW 150,813,224, 200, KRW 50,000 on April 9, 2018 to the account of Defendant Company 30,508,500,508,000 on April 13, 2018.
Gap evidence 6 1 to 26, and Eul.