beta
Text
1. It shall be concluded with respect to the construction of a new tex, Inc., undertaken in 654-6, Namdong-dong, Nam-gu, Incheon.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. 1) The Plaintiff entered into a construction contract between the Plaintiff and the Defendant on July 16, 2014 and the Defendant, and the Namdong-gu Incheon Metropolitan Government High-dong 654-6 Ground Factory Construction Project (hereinafter “instant construction”).
(2) On the other hand, the Plaintiff concluded a contract by setting the contract amount of KRW 2.33 billion (excluding value-added tax), the construction period from July 21, 2014, to December 10, 2014, with the Defendant’s contract period fixed from July 21, 2014 to December 10, 2014. Meanwhile, to raise the funds of the instant construction project, the Plaintiff agreed to obtain a loan from the bank as security, and, with the Defendant’s consent, drafted a contract by adding the contract amount of KRW 3.3 billion to the purpose of submitting the funds to the bank.
B. The Plaintiff received a loan of KRW 3.8 billion from the Bank around June 20, 2014, around October 31, 2014, KRW 1.6 billion around October 31, 2014, and KRW 3.5 billion around April 10, 2015. The said KRW 3.8 billion was paid to the Defendant as the site price for the factory to be newly constructed as the instant construction, and the remainder was used to pay the Defendant as the construction price as follows: (2) The Plaintiff paid the construction price under the instant construction contract to the Defendant around July 16, 2014, KRW 50 million around September 14, 2014, KRW 3.3 billion around September 24, 2014, KRW 1.6 billion around October 14, 2014, KRW 1.5 billion around October 15, 2014, KRW 1.5 billion around 15100,000,000.
C. The instant construction work progress and the Plaintiff’s demand for the execution of the construction works are planned to construct the first 3th floor building, and the employees’ resting room was changed to a lodging room through two times, and the 4th floor and the rooftop floor were newly added, but the overall appearance and height of the building were not considerably away from the original design. 2) On November 17, 2014, two persons, who were in the construction site of this case and were in the construction site of this case, fall and die, and one person is dead.