공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
1. The reasoning for this part of the facts admitted by the court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
[2] According to the reasoning of the judgment of the court of first instance, the defendant is entitled to “C factory” for two above buildings owned by C, and the settlement statement (Evidence A No. 3) stating the settlement amount stated in Paragraph (d) of Article 1-4 of the Reasons for the judgment of the court of first instance is referred to as “the settlement statement of this case”). 2. According to the above findings of the judgment as to the grounds for the claim, the defendant is entitled to “the grounds for the judgment
Of the settlement amount set forth in paragraph (1), KRW 65,80,000 (=construction price of KRW 153,380,000 - interest rate of KRW 87,580,000 (= KRW 17,580,000)) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 20, 2016 to the date of full payment, as sought by the Plaintiff.
3. Judgment on the defendant's assertion
A. Determination 1 on the non-performance of the terms and conditions related to the settlement statement 1) The Defendant’s assertion that the balance of the construction price should be paid by the Defendant to the Plaintiff in a serious dispute with the Plaintiff was signed in the instant settlement statement on the condition that the Defendant would accurately calculate and settle the amount to the Plaintiff later. Since the above conditions have not been fulfilled, the Defendant did not have the obligation to pay the Plaintiff the settlement amount under the instant settlement statement. 2) The Defendant submitted the G statement (No. 14) as evidence in the appellate court’
The above statement states that "the plaintiff was signed by the defendant on the condition that the defendant was settled later by reflecting the unconstruction, etc. on the condition that the plaintiff was not subject to the necessary documents for completion of construction work, such as the test report," and if so, it is necessary for the completion that the plaintiff was not given due to dispute over construction