공사대금
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, the claim amounting to KRW 31,397,260.
1. Basic facts
A. 1) On February 15, 2011, the Plaintiff constructed a reinforced concrete structure (ground 1st floor and ground 2nd floor) on the ground (hereinafter “instant construction”) on the ground from the Defendant on February 15, 201.
) A contract under which the contract for construction cost of KRW 530,000,000 is to be awarded (hereinafter “instant contract”).
AB concluded the agreement.
3. Period: Five months from the commencement date of construction.
4. Construction amount: 530,000,000 (including design and supervision) in daily gold 530,000; and
5. The main contents are as follows: Won 159,000,000,000 won per day (in the case of an agreement) daily payment of the contract amount of KRW KRW 159,00,000 per day (in the case of an agreement, not later than three days after the completion of the contract) in an intermediate payment of KRW 159,00,000,000 in an annual payment of KRW 159,000 per day (in the case of an intermediate payment of KRW 159,00,000 in an annual payment of KRW 159,00,000 in an annual payment of KRW 159,00,000 (in the case of an advance payment of the contract amount, after the completion of the interior work). B. On August 18, 2011, the Plaintiff changed the Plaintiff’s additional payment of KRW 153,780,000 in an annual payment of the contract amount to the Defendant.
2) Accordingly, around August 25, 2011, the Defendant notified the Plaintiff that the instant contract was cancelled on November 1, 201, and that the Plaintiff would cancel the said contract. The Defendant notified the Plaintiff of the cancellation of the said contract on the following grounds: (a) on September 16, 2011, the Plaintiff demanded the payment of the additional construction amount and the payment of the construction amount was again made; and (b) on November 1, 201, the Plaintiff demanded the payment of the additional construction amount.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence No. 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion 1) The cost of the construction project of this case shall be calculated at KRW 450,500,000 (the highest rate of KRW 85%) paid to the construction project of this case (the plaintiff's assertion 1).