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1. The Defendants jointly and severally committed against the Plaintiff KRW 2,767,38 and Defendant B Co., Ltd. from February 11, 2020.
Reasons
1. Basic facts
A. The Defendants are the principal contractor who ordered the construction work of the building E (hereinafter “instant new construction work”) from D Co., Ltd. (hereinafter “instant building”) by constituting a joint supply and demand organization (50% of the equity ratio) with the companies engaged in the construction work, etc. and Defendant B Co., Ltd. (hereinafter “Defendant B”), and the Plaintiff is the company which subcontracted the construction work of the instant new construction work (hereinafter “instant construction work”) from the Defendants to the company engaging in the construction business of heating and cooling equipment construction business.
B. On January 31, 2018, the Plaintiff and the Defendants entered into a subcontract with the contract amount of KRW 4.62 billion with respect to the instant construction works, from February 1, 2018 to June 30, 2019. On June 25, 2019, the Plaintiff and the instant Defendants entered into a contract for a subcontract with the contract amount of KRW 4.62 billion with respect to the instant construction works, and the contract for a change that extends from June 30, 2019 to July 31, 2019 (hereinafter referred to as the “instant basic contract”).
(2) On July 2, 2019, the Plaintiff requested F to increase the construction price, which is the director at the site of the instant new construction site. On July 17, 2019, the Plaintiff held a meeting on the Plaintiff’s representative director, G regular director, H site director, and Defendant B’s representative director, I president, J Deputy Director, and F site director (hereinafter “instant meeting”).
At the meeting of this case, the Plaintiff requested Defendant B to incur a loss of KRW 850 million due to the instant facility works and to increase the construction cost.
3) On July 30, 2019, the Plaintiff and the Defendants enter into an amendment agreement under which the construction amount of the instant facility works is increased to KRW 5 billion (hereinafter “instant amendment agreement”) in the instant basic agreement (hereinafter “instant amendment agreement”).
C. The instant building was approved on September 2, 2019.
2 The Plaintiff on November 18, 2019 K.