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1. The Defendants jointly and severally agreed to the Plaintiff KRW 675,192,200 and Defendant A with respect thereto from December 22, 2015, and Defendant B.
Reasons
1. Basic facts
A. On June 1, 2012, the Plaintiff: (a) with respect to a new apartment construction project (hereinafter “instant project”) implemented by the D Housing Association (hereinafter “C”) by Defendant A, a representative director of the D Housing Association, the construction of a new model house of the second floor structure in North-Gu E, F, and G at port (hereinafter “instant model house”); (b) the construction period of the said model house (hereinafter “instant building”; and (c) the said construction “instant construction”).
6. From April 2, 201 to July 7, 2012 (mutual agreement) and the contract amount of KRW 1150,000,000 of the contract amount (excluding value-added tax) began on June 4, 2012, each of which began construction work on June 4, 2012; and C received construction payment of KRW 150,000,000 on July 10, 201 and KRW 17,00,000 on July 17, 2012 respectively.
B. Around July 2012, the instant construction project was interrupted due to the internal circumstances on the part of C, and upon Defendant A’s request, the Plaintiff, as an agent of the instant project, was awarded a contract for the instant construction project from H Co., Ltd. (hereinafter “H”) with the joint representative director, and the construction re-written contract was resumed (hereinafter “instant contract”). The Plaintiff received construction payment from H, respectively, of KRW 50 million on March 6, 2013, and KRW 150 million on December 12, 2013.
The terms and conditions of the standard contract for private construction works attached to the contract of this case and the contract of this case are as follows.
[Contract]
3. Period of construction: Commencement on or before March 11, 2013: Amended by Act No. 11718, Apr. 12, 2013; Act No. 11837, Apr. 12, 2013; Act No. 1613
5. Contract deposit: 450 million won by March 7, 2013.
6. Part-time payments: Payment of KRW 50 million at the time of completion of a model parcels on April 12, 2013;
7. Balance balance: The balance shall be paid in cash immediately after 765 households, which are 50 percent of the number of households recruited by all partners, are recruited by 822,220 million won.
[General Conditions of Contract for Private Construction Works] Article 2 (Surety), when the surety is appointed to this contract, the surety shall be discharged from the contractual obligation of the parties.