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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) Of KRW 2,356,938,140 and the said money; and (b) KRW 1941,294,712, 2016.
Reasons
1. Basic facts
가. 당사자의 지위 1) 원고는 토목건축공사업, 주택건설업 등을 영위하는 법인이고, 피고 A 주식회사(2012. 8. 1. ‘B 주식회사’라는 상호로 설립되어, 2013. 1. 16. ‘C 주식회사’로, 2016. 8. 20. 현재의 상호로 각 변경되었다.
hereinafter referred to as “Defendant A”
(2) The Defendant Specialized Construction Mutual Aid Association (hereinafter referred to as the “Defendant Mutual Aid Association”) is a juristic person established under the Framework Act on the Construction Industry for the purpose of providing guarantee, financing, mutual aid, etc. to the members who engage in construction business.
B. D and the Plaintiff’s subcontracting contract and related guarantee contract 1) D are personal business operators engaged in landscaping business, etc. under the trade name of “E”. On December 30, 2010, as to “F-built housing construction (construction) landscaping business,” the Plaintiff entered into a subcontract agreement (i.e., construction cost of KRW 5,481,30,000, construction period of KRW 5,481,300,00, and April 30, 2010 to April 30, 2013) with the Plaintiff (hereinafter “instant subcontract agreement”).
(2) On December 3, 2012, D entered into a warranty contract on the instant preceding subcontract (the warranty period between November 1, 2012 and October 31, 2014; the guaranteed amount of KRW 162,428,640) with the Defendant Union.
(hereinafter referred to as the “prior to the instant contract”) C.
1) As indicated below, the Plaintiff entered into a subcontract between the Plaintiff and the Defendant with respect to the construction of landscaping and facility construction to Defendant A as the principal contractor (hereinafter referred to as “instant 1 through 7 subcontract” as set out in the table below, and refers to the construction works executed under each of the above contracts as “the instant 1 through 7 construction works.”
3) Landscaping (construction) of the Incheon FF collective housing construction project (construction) at the 1st contractual date (the original contract) is the date of the order contract (hereinafter referred to as “the order of construction”) (after December 3, 2012, the order of 465,366,000).