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1. The Plaintiff (Counterclaim Defendant) from June 14, 2017 to the Defendant (Counterclaim Plaintiff Co., Ltd.) Company B, as well as to the amount of KRW 81,510,000.
Reasons
1. Basic facts
A. The Plaintiff’s “D Rehabilitation Institute” building (location-gu, Seoul) operated by the Plaintiff is to be extended from the first floor to the second to third floor above the ground. On November 6, 2015, the construction was awarded to F Co., Ltd. (G Co., Ltd.). However, as F Co., Ltd ceased construction on or around October 16, 2016 due to the aggravation of financial standing, etc., the Plaintiff concluded a contract with H Co., Ltd. as of November 16, 2016, setting the remainder of construction cost to the H Co., Ltd. up to the payment period of KRW 510,969,154, and the period of January 14, 2017.
B. The Plaintiff and H Co., Ltd. have increased the construction cost to KRW 721,22,920, and extended the construction period to February 28, 2017. Around March 30, 2017, the Plaintiff and H Co., Ltd. again adjusted the schedule and completed the construction work until April 15, 2017, and agreed to obtain approval for use until April 20, 2017. However, as H Co., Ltd failed to complete the construction work by April 15, 2017, the Plaintiff expressed its intent to cancel the construction contract to H Co., Ltd. around May 16, 2017.
C. On December 14, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) was sub-subcontracted out construction works other than swimming pool from the J of the I’s operation that was subcontracted to the D Rehabilitation source construction works by FF Co., Ltd. (hereinafter “Defendant B”). Unlike that, on February 27, 2017, Defendant C was awarded a subcontract to H Co., Ltd for construction works at KRW 81,510,00, but was not paid the construction cost. Defendant C was also sub-subcontracted by H with the trade name of H, but was not paid the construction cost.
L, the Plaintiff’s construction supervisor, requested the Defendants to directly pay the construction cost on April 10, 2017, with the consent of the J in direct payment. Accordingly, the Defendants presented a written consent of the J in direct payment to the Plaintiff, but the Defendants refused to pay the construction cost on April 13, 2017 because the construction cost was not agreed upon.