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1. The plaintiff's defendant (appointed party) and the appointed party in relation to the warehouse facilities construction on the ground of the south-gu Seoul Special Metropolitan City, Chungcheongnam-gu C.
Reasons
1. Basic facts
A. On December 26, 2016, the Defendant (Appointed Party; hereinafter “Defendant”) and the appointed parties entered into a construction contract with the Defendant (Appointed Party; hereinafter “Defendant”) and the appointed parties, under which the Defendant and the appointed parties would perform the basic steel-frame construction of animal and plant-related facilities and warehouse facilities (hereinafter “instant construction”) on the ground of the Dong-gu, Dong-gu, dong-gu, Chungcheongnam-gu, and receive KRW 180 million for the construction cost from D.
B. 1) Under the design drawings of the instant construction, among the instant construction, it was anticipated that the instant construction works would be conducted based on a steel frame of 7 meters high. 2) The Plaintiff received KRW 33,900,000 from D in return for the delivery of steel frame among the instant construction works, and around that time, manufactured and supplied the steel frame for the installation of the instant construction at 5 meters.
C. On June 26, 2017, D’s notice of termination of the construction contract was sent to the Defendant and the Selection on June 26, 2017, to the effect that “The steel framed of the warehouse facilities among the instant construction works was built differently from the design drawings, and the reinforcement works for structural safety have not been performed properly, D terminates the construction contract with the Defendant and the Selection. D is a construction contract with the Defendant. Since D executes the construction differently from the design drawings and paid KRW 29,576,380 as additional construction expenses, it would be treated as KRW 29,576,380 in settling the construction price with the Defendant and the Selection.”
On August 7, 2017, the Defendant and the Appointor notified the Plaintiff that “The Defendant and the Appointor requested the Plaintiff to manufacture a 7-meter steel frame of the warehouse facilities in the instant construction, and the Plaintiff manufactured and supplied 5 meters of the warehouse facilities, and the Defendant and the Appointor did not receive construction cost of KRW 28 million from D, so the Plaintiff should pay KRW 20 million to the Defendant and the Appointor by August 17, 2017.”