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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 302,939,653 and its related amount on July 13, 2016.
Reasons
1. Basic facts
A. From April 8, 2013, Defendant D served as an internal director of Defendant B from February 12, 2015, Defendant C served as the representative director of Defendant B from April 8, 2013 to March 27, 2014, and Defendant C served as the representative director of Defendant B from November 11, 2015 to December 11, 2015.
Standard contract for private construction works
1. Construction name: Works for the civil engineering of Fri land;
2. The construction site: Pyeongtaek-si G through H; and
3. Construction period: Amount of contract between May 29, 2015 and September 30, 2015: 230,000,000 won (including value-added tax).
8. Endd amount: It shall be substituted by loans of financial institutions.
B. On May 28, 2015, E entered into a contract under the following terms and conditions with Defendant B (hereinafter “instant contract”).
C. On May 28, 2015, Defendant C and D prepared and sent to E a letter of performance (hereinafter “statement of performance as of May 28, 2015”) with the following content, but the said letter of performance was written as “contractor I E and J Company A.
As to KRW 230,00,000 of the construction cost under the contract for construction works (standard contract for private construction works) dated May 28, 2015 related to the civil construction works within Pyeongtaek-si G-H land, each of the contracting parties shall be responsible for and subrogated by each of the contracting parties if he/she fails to pay by June 30, 2015.
[Special Agreement: When a contractor (owner) has fully paid the above construction cost, the principal performance shall be automatically reversed.]
D. On May 29, 2015, the Plaintiff entered into a construction contract with Defendant B for the following construction works (hereinafter “instant construction contract” and the said construction contract is referred to as “instant construction contract”). On May 29, 2015: Pyeongtaek-si G to K outside military unit civil engineering works:
2. Construction period: From June 1, 2015 to June 20, 2015 (mutual consultation additional construction schedule);
3. Amount of a construction contract: 233,600,000 (excluding value-added tax);
4. Prepaid amount: Not available; and
5. Payment of the price for a construction project (the above paragraph 3) shall be made within 10 days from the date on which the construction project is completed.