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1. Defendant (Counterclaim Plaintiff) C Co., Ltd.: (a) each of the Plaintiff (Counterclaim Defendant) KRW 50,000,000 and its amount on May 1, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff A and his pro-friendly E are co-owners holding 9/20 shares of each of the 10 lots of land and the G building on the land (hereinafter “instant real estate”) from Daegu Dong-gu, Daegu-gu and 10, and the 2/20 shares of Plaintiff B.
The defendant Corporation Co., Ltd (hereinafter referred to as the "Defendant Company") is a corporation that runs real estate development and implementation business, etc., and the defendant D is the representative director of the defendant company.
B. As to the instant real estate, on March 11, 2013, upon the application of the National Bank of Korea, which is a collateral security bank, the real estate auction procedure (H and I) commenced on March 11, 2013, and on March 21, 2013, upon the application of the General Creditor J, etc., the real estate auction procedure (K in Daegu District Court) began double.
C. On June 24, 2013, the Plaintiffs entered into a PMF service contract with Defendant D on the management and agency of the project for the construction of a L main complex building and drafted “PM service contract” (Evidence 1). The following provisions did not indicate the amount and payment deadline of the service cost that the Plaintiffs are obligated to pay, the existence of liability for damages, and the estimated amount thereof when the Plaintiffs breached the contract.
After that, on October 23, 2013, the above double auction procedure reported 30.38 billion won by the MM which is the highest bidder at the sale date and rendered a decision of permission for sale on October 30, 2013, and the payment deadline was set on November 29, 2013.
E. On October 14, 2013, immediately before the date of sale, the Plaintiffs entered into a new PM service agreement with the Defendant Company for the management of projects and the agency for the L-based Integrated Construction Project, and newly set up “PM service agreement” (as evidence 1 and evidence 11).
Among them, the main contents relating to the instant case are as follows:
Article 3 [Scope of Business Activities]
1. The scope of duties to be performed by the Plaintiffs is as follows:
(b) Written consent of all branch owners or land use.