공사대금반환
1. The part against which the judgment of the court of first instance lost is revoked, and the plaintiff's claim corresponding to the revoked part is filed.
1. The reasons why this Court shall state this part of the basic facts are as follows, and therefore, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act, in addition to the dismissal or addition as follows.
Part 2 of the Decision of the first instance court, "Before June 2014" in Part 11 of the Decision of the second instance shall be changed to May 2014.
Part 2 of the decision of the first instance court, "74,00,000 won" in Part 12 of the decision of the second instance is "85,70,000 won".
After the judgment of the first instance court No. 2, the following is added to the following. The Defendant, the Plaintiff, and C agreed that the construction period will be changed to 744,00,000 won (including value-added tax) of the instant subcontract and October 31, 2016, around February 15, 2016, the construction period of the instant subcontract was finally changed to 744,00,000 won (including value-added tax) while the instant subcontract was in progress, and then on February 30, 2017.
Part 3 of the judgment of the first instance court is " May 3, 2016" in Part 2 of the second part of the judgment of the second instance is "................ the third part of the judgment of the first instance shall be referred to as "................................."
【Around that time, the Plaintiff paid KRW 40,000,000 to the Defendant for the refund of excessive input fees】
2. The plaintiff's assertion
A. On May 2, 2016 and May 13, 2016, the Plaintiff, at the Defendant’s request, purchased KRW 76,969,673 in total, from the cream River and H-BEAM, which the Defendant wishes to supply pursuant to the instant subcontract (hereinafter “instant materials”), and notified the Defendant on May 13, 2016 that the price of the instant materials will be reduced from the construction cost under the instant subcontract, and the Defendant consented thereto.
Therefore, the defendant is obligated to pay to the plaintiff KRW 76,969,673, which is equivalent to the price of the material of this case.
B. After completing only 76.5% of the instant construction, the Defendant unilaterally suspended the construction on or around June 27, 2016.
However, there is a problem.