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1. Of the instant lawsuit, the Defendant’s instant lawsuit is based on the payment order issued on September 18, 2009 tea 10435 against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. On March 21, 2006, the Plaintiff and the non-party company (hereinafter “non-party company”) entered into an implementation construction agreement with the Plaintiff and the non-party company (hereinafter “non-party company”) with the content that the non-party company and the non-party company should implement and execute the reconstruction project of the non-party 2 underground floor and the non-party 15 stories above ground (hereinafter “the apartment of this case”).
B. (1) On March 16, 2009, the conciliation was concluded with the purport that on March 16, 2009, the non-party company shall pay the Defendant a sum of KRW 960,000,000,000, as follows, in the lawsuit for construction price claim filed by the Defendant against the non-party company under the Busan District Court Branch Decision 2008Gahap459
1. The non-party company shall pay 960,000,000 won to the defendant; among them, KRW 300,000,000 shall be paid until April 30, 2009; KRW 300,000 until June 30, 2009; and KRW 360,000,000 until August 31, 2009.
2. Where the non-party company pays an amount of less than 250,000,000 won out of the amount of KRW 300,000,000 that the non-party company shall pay once again until April 30, 2009, the non-party company loses the benefit of time, and where the non-party company does not pay the full amount of KRW 1,20,000,000 that the non-party company shall pay until June 30, 2009, the non-party company shall lose the benefit of time, and where the non-party company does not pay the full amount of KRW 1,60,000,000,000 per annum from the following day to
(2) After that, the non-party company did not pay the above adjustment amount, the agreement was reached on August 7, 2009 between the defendant, the non-party company and the non-party company and the private-child construction company (hereinafter referred to as the "private-child construction").
1. The non-party company shall participate in the amount of KRW 960,000,00 in the conciliation of the Incheon District Court case No. 2008Gahap4598, which shall be paid to the defendant, as a joint obligor for the construction of public infants, and shall complete the payment from January 1, 2008.