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1. The Defendant: (a) KRW 201,318,400 for the Plaintiff and 6% per annum from January 27, 2015 to June 21, 2018; and (b) the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant and Ulsan Construction Co., Ltd. (hereinafter “Uulra Construction”)
) Mag forest land Co., Ltd. (hereinafter referred to as “Mag forest land”)
(i)the construction of treatment shipbuilding ocean (hereinafter referred to as “the construction of treatment shipbuilding ocean”)
(C) On August 13, 2013, the Construction Corporation of the C Hospital (hereinafter referred to as the “New Construction Corporation of the C Hospital”) constitutes a joint contractor.
(iii) 43,550,000,000 won (including value-added tax; hereinafter the same shall apply) of the project and the amount of the project, as the ordering entity;
(2) On March 10, 2014, the construction of the Defendant and Ulsan Construction and the construction of the Daewoo Shipbuilding Construction are the same construction cost as that of the Gyeongnam-do Development Project, but the ratio of ownership between the joint contractors was 45.54%, 20.03%, 34.18%, 0.25%, 0.25%, 0.25%, 0.25%, 0.25%, 2005%, 2000, 34.18%, and 30.25%, and 0.25%, respectively.
(hereinafter referred to as the “instant contract”). On May 23, 2014, the Plaintiff and C Hospital New Construction Corporation (hereinafter referred to as the “instant construction”) consisting of the Defendants, Ulsan Construction, and the contractors of the construction project consisting of the construction of the treatment shipbuilding and ocean construction.
(4) On August 25, 2014, the Plaintiff and the instant construction works entered into a modified subcontract by changing the construction cost into KRW 1,390,400,000, with respect to the construction cost of KRW 1,155,000.
(5) On the other hand, on October 22, 2014, the rehabilitation procedure for the Ulsan Construction commenced, and on November 11, 2014, the administrator of the Ulsan Construction terminated the instant contract. Accordingly, the construction change contract was concluded with the content of transferring the shares of the Ulsan Construction to the treatment shipbuilding and maritime construction. 6) The Plaintiff partially performed the instant construction.