beta
Text
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 499,985,398 and as a result, from July 1, 2015 to January 9, 2018.
Reasons
1. Basic facts
A. On February 24, 2014, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) constituted a joint supply and demand organization (the Plaintiff’s share ratio: 49% of land construction, Defendant Co., Ltd.: 53,112,380 won (including value-added tax) for the instant construction project (hereinafter “instant construction”) from the Korea Land and Housing Corporation (hereinafter “the instant construction project”) in terms of the contract amount of KRW 8.753,112,380 (including value-added tax). The instant construction project consists of soil construction, fire-fighting construction, and landscaping construction, and the Plaintiff and the Defendant Co., Ltd shall execute the construction project in accordance with the aforementioned share ratio, and the landscaping construction corporation, the Plaintiff and the Defendant Co., Ltd
Of the instant construction works, the construction amount for 8.17,180,123 won (the construction amount of 4.11,718,260 won according to the Plaintiff’s share ratio, the construction amount of 4.15,461,863 won according to the Defendant Company’s share ratio), the construction amount of 203,840,884 won in respect of fire fighting works, and the construction amount of 32,091,373 won in respect of landscaping works;
From March 3, 2014 to January 26, 2015, the Plaintiff and the Defendant Company entered into a construction operation agreement with the purport of calculating the Plaintiff’s share of 49% as the Plaintiff’s profit. Around April 2014, the Plaintiff and the Defendant Company entered into a construction operation agreement with the purport of calculating the Plaintiff’s share of 1.8% as the Plaintiff’s profit.
B. The instant construction project was initially carried out by the Defendant Company as the principal supervisor, and as the progress of construction is not smooth, the competent supervisor at the request of the Korea Land and Housing Corporation would be changed to the Plaintiff, and the agreement between the Plaintiff and the Defendant Company was concluded on August 5, 2014 (hereinafter “instant agreement”). The Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s liability for the loss incurred by the instant construction project.
The Plaintiff and the Defendant Company shall undertake the instant construction works as follows.