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1. Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly and severally filed for KRW 827,424,828 with the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a stock company with the purpose of running a tourist accommodation business, etc., and the Plaintiff owns and operates a string hotel (hereinafter “instant building”) with the trade name “E” (hereinafter “E”) located in Jongno-gu Seoul Metropolitan Government D (hereinafter “F”).
Defendant B (hereinafter “Defendant Company”) is a stock company with the purpose of indoor building business, etc.
B. On November 1, 2014, the Plaintiff entered into a contract for construction works and the progress of the construction works with the Defendant Company on a contract for remodeling construction works for the instant building (hereinafter “the instant first construction works”) with the Defendant Company at KRW 11.82,5 million (including surtax) (hereinafter “the instant first construction contract”).
Of the contents set forth in the first contract for construction works of this case, those related to this case are as follows:
Defendant C jointly and severally guaranteed the obligation to be borne by the Plaintiff based on the initial construction contract of this case.
The Defendant Company undertaken the instant construction work in accordance with the initial construction contract.
Contract amount: 1070 million won and additional tax separate contract bond: 10% of the contract amount (10% cash reservation at the time of advance payment and payment for progress payment) of the 10% of the contract amount (15% of the contract amount in advance 1,612,50,000 - 75% of the contract amount in advance payment - 8,062,500,000 of the contract amount in advance payment for 30 days or less after the contract is concluded - Payment in installments (18 times per month), 10% of the remaining contract amount on the 25th of each month after the contract is concluded, 01,075,000,000 after the completion inspection.
C. On July 26, 2016, the Plaintiff and the Defendant Company entered into a modified contract for the instant construction project agreement and suspend construction works (hereinafter “instant modified contract”).