beta
Text
1. Defendant D’s KRW 600,000,000 to Plaintiff B as well as 5% per annum from May 17, 2014 to June 27, 2014.
Reasons
1. Basic facts
A. On November 13, 2008, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into a contract on construction works (hereinafter “instant contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the construction cost of KRW 425,590,00, and from November 13, 2008 to January 12, 2009, the construction period of KRW 425,590,000, and the construction period of KRW 7160,000 in Gyeonggi-do, Gyeonggi-do for the construction of a water plant (hereinafter “instant factory”) and KRW 1370,000,00 for the construction of a water plant (hereinafter “instant factory”). Thereafter, a contract was entered into for several changes on the grounds of additional construction works, etc., and finally, around April 13, 2009, the claim for the construction cost of the instant contract was finally set at KRW 720,170,000.
B. On June 30, 2009, Plaintiff B, the representative director of the Plaintiff Company, agreed to transfer 750 shares out of the total shares of the Defendant Company, 15%, in lieu of paying KRW 300,000,000 out of the construction cost of the instant contract with Defendant D, the representative director of the Defendant Company.
C. On March 5, 2010, the Plaintiff Company recognized that the Defendant Company had the obligation to pay the construction cost and the loan amount of KRW 886,337,519 to the Plaintiff, and entered into an agreement with the Defendant Company to pay by April 30, 2010 (hereinafter “instant undertaking”) the said commitment to pay by April 30, 2010.
Plaintiff
B on June 14, 2010, for the settlement of construction costs of the instant contract with Defendant D, agreed that the instant undertaking would become null and void when the said agreement was implemented (the instant agreement refers to the “instant agreement,” and the agreement amount under the instant agreement is referred to as the “instant agreement”).
1. Payment of construction costs shall be made from a national bank to the Plaintiff B with a loan of the first three hundred million won, second three hundred million won, and second three hundred million won, and the balance (including interest) three hundred million won will be distributed with the funds invested by the Defendant Company.