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1. On February 5, 2014, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) within the territory of Hancheon-si C located.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 8, 2014, F Co., Ltd. (hereinafter “F”) substantially operated by E entered into a joint project agreement with G Co., Ltd. (hereinafter “G”) for landscape lighting under the name of “D” in the name of “D” (hereinafter “D”).
B. On February 3, 2014, the Defendant entered into a contract with F to enter into a contract with F to supply sewage by determining the landscape lighting work in D (hereinafter “instant construction work”) from February 7, 2014 to March 20, 2014; the contract period from February 7, 2014 to March 20, 2014; the contract amount of KRW 330 million (including value-added tax; hereinafter “all the construction cost”); and the warranty period from the completion date of the construction to two years (one year for sewage systems) for sewage systems.
C. F is difficult to maintain a landscape lighting joint project with G due to its financial difficulties, F agreed to cancel the agreement with G to cancel the agreement on the same landscape lighting joint project with G, instead of arranging to conclude the agreement on the same landscape lighting joint project with the Plaintiff on February 4, 2014, and entered into a landscape lighting joint contract with G on February 4, 2014.
Accordingly, on February 5, 2014, the Plaintiff and the Defendant requested the Defendant to conclude a contract again with the Plaintiff at the time of the Plaintiff. On February 5, 2014, the Plaintiff and the Defendant changed the project owner’s amount of intermediate payment and the time of intermediate payment among the terms and conditions of payment of construction expenses, and entered into a contract with the same terms and conditions as those of the existing contract (hereinafter “instant contract”). The contract date entered into on February 3, 2014.
E. Since then, on April 1, 2014, the scheduled opening date of D during the instant construction work, the Plaintiff, around March 22, 2014, added part of the instant construction work to the J that operates the construction company under the trade name “I” around March 22, 2014.