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1. On November 30, 2016, concluded between the Defendant and C as to the building materials listed in the attached Table 1 list.
Reasons
1. Basic facts
A. After being awarded a contract for the Ulsan-gu E work from the D Housing Association, the project owner, the Defendant: (a) subcontracted the subcontracted work of reinforced concrete construction to F Co., Ltd. (hereinafter “instant subcontracted construction”); and (b) C Co., Ltd (hereinafter “C”) succeeded to the subcontractor’s status of the said subcontracted work.
B. The contents of the instant subcontracted project contract between the Defendant and C have been changed several times, and finally, the contract amount was changed to KRW 1,366,96,250 on November 14, 2016.
C. From July 2016 to November 201 of the same year, the Plaintiff supplied C with construction materials equivalent to KRW 115,605,149 for the subcontracted construction. From November 2016 to November 201, the Plaintiff supplied the building materials to the G construction site in Ulsan-gu, Ulsan-gu, the H construction site in August 2016, and the I construction site in October 2016.
C around the end of November 2016, C confirmed that C and the Defendant renounced the instant subcontract and received excess payment from the Defendant in accordance with the actual performance rate, as KRW 624,63,520, the excess payment was 624,663,520, and C bears the Defendant’s obligation to repay the excess payment amounting to KRW 624,663,520.
(hereinafter referred to as “instant settlement agreement”). (e)
On November 30, 2016, the Defendant entered into a contract for transfer and acquisition (hereinafter referred to as “instant transfer and acquisition agreement”) with the Plaintiff and the J (hereinafter referred to as the “J”) on the condition that the materials listed in the separate sheet Nos. 1, 199,801,80 won (hereinafter referred to as “instant Plaintiff supply materials”) should be transferred as partial payment of the excess amount repayment obligation, including the e-mail pumps, jointboards, and jointboards, listed in the separate sheet Nos. 1, 2, and 1, 199,801,800.
As of the closing date of pleading, the defendant is in this case.