1. As to the Plaintiff, Defendant C’s KRW 78,112,676 and KRW 30,000,100 among them, the year from February 16, 2019 to May 31, 2019.

1. Basic facts

A. The Plaintiff is the owner of the instant construction project and the contractor of the instant construction project. Defendant B Co., Ltd. (the former D Co., Ltd.; hereinafter the “Defendant Company”) has its head office in Seocho-gu, Busan-gu, and is engaged in metal structure, creative construction business, etc., as follows. Defendant C is the relative of F, who is the representative director of the Defendant Company, and prepared the instant construction contract form with the Plaintiff and the actual implementer of the instant construction project.

I E H C A

B. The contract prepared by the Plaintiff with Defendant C on February 26, 2018 states that “the name of the construction project: the name of the construction project” is “the construction project for the construction of the G detached Housing (other than H and one parcel at Jeju) at Jeju (hereinafter “instant construction project”) and “amount: 26,660,000 won”.

(hereinafter “instant construction contract”). The indication of the part of the parties to the instant construction contract at the end is as follows.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The summary of the instant case and the key issue are: (a) the Plaintiff rescinded the instant construction contract on the grounds that the Defendants breached their duty as a contractor under the instant construction contract and subsequently ceased construction; and (b) the Defendants seek damages equivalent to the damages in lieu of defect repair; (c) return of unjust enrichment equivalent to the excessive construction cost; and (d) compensation equivalent to the rent due to delay in construction.

Specifically, the Plaintiff primarily seeks contractual liability against the Defendant Company on the ground that the party to the instant construction contract is the Defendant Company, as well as the express liability under Articles 125 and 126 of the Civil Act and Article 395 of the Commercial Act. In addition, in preparation for the case where the Defendant C is a party to the construction contract, the Plaintiff seeks contractual liability and liability against the Defendants under Article 24 of the Commercial Act by taking account of the incidental joint and several liability

As to this, the Defendants are not Defendant Company but Defendant C.