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1. The Defendant (Counterclaim Plaintiff)’s appeal and the Defendant (Counterclaim Plaintiff)’s primary counterclaim added at the trial.
Reasons
1. According to the evidence evidence Nos. 2 and 2 evidence No. 2, the fact that the Plaintiff prepared a standard contract for private construction works (Evidence No. 2) as of April 1, 2013 and a standard contract for private construction works (Evidence No. 2) as of April 1, 2013 with the content that the contractor would contract the contractor for the construction of the Plaintiff’s logistics center on the ground D, E (hereinafter “Defendant Company”) with the Defendant Company C (hereinafter “Defendant Company”) for the construction cost of KRW 594,00,000,000.
2. The parties' assertion
A. The Plaintiff’s assertion entered into a contract with Defendant B to contract the instant construction project on the basis of the contract price of KRW 495,000,000 (including value-added tax). However, the Plaintiff entered into a contract with Defendant B, by lending the name of the Defendant Company to the Defendant Company without a comprehensive construction business license, whereby the contractor borrowed the name of the Defendant Company to the Defendant Company and the Defendant Company entered the contract amount of KRW 594,00,000 for the loan of facility funds necessary
After that, the Plaintiff paid KRW 51,060,00 in excess of the agreed construction cost due to delay of construction, etc. to Defendant B, thereby paying all the construction cost related to the instant construction work. Defendant Company is merely a contracting party in the form and does not have a claim for the construction cost against the Plaintiff, but the Defendants demanded the payment of the construction cost by asserting that there is a claim for the payment of the construction cost against the Plaintiff. Therefore, the Defendants seek confirmation of the absence of the obligation to pay the construction cost
B. The Plaintiff, which caused the Defendants’ assertion 1 counterclaim, agreed to directly manage the entire construction work of the instant case for the purpose of reducing the construction cost, and subsequently, agreed to settle the accounts of the parts added while delegating the entire construction work of the instant case to Defendant B for on-site management.
Defendant B during the instant construction work.