공사대금
1. The Defendant’s KRW 1,011,080,000 as well as 5% per annum from January 8, 2016 to June 16, 2016 to the Plaintiff.
In light of the above legal principles, the Plaintiff’s claim for construction payment against the Defendant cannot be asserted against the Defendant, since the Plaintiff, around December 201, prepared a letter of waiver of the construction contract and the right to retention of the building (hereinafter “instant letter of waiver”) and delivered it to the Defendant.
2 According to the evidence No. 14, according to the judgment No. 14, the fact that the plaintiff prepared the written waiver of this case around December 201, 201 is recognized as follows.
The location of a contract for a construction project and a waiver of the right to retention of a building: the name of the field C in Chungcheongnam-gun, Chungcheongnam-gun: Officetel and the neighboring store* Total floor area: 907 square meters.
1. One to seven stories above ground; or
2. 43 officetels (9 square meters and ten square meters).
3. A company’s special agreement to waive the amount of a contract for a construction project on the right to retention of the entire building that was made by the Plaintiff of the construction cost set forth in 310,000 won for the remainder of the amount invested by the A company.
Provided, That it shall be paid by loans after completion.
Requests for change of title for commencement* Documents for change of name for commencement * All necessary documents and affairs for completion of the site shall be conducted during the cycle, and necessary business documents shall be conducted during the cycle even in cases where the owner intends to change the comprehensive construction * the owner shall bear additional expenses for work.
Provided, That if necessary, the fund required for the construction company shall be borne by the owner.
As of December 201, 201: H, however, it is difficult to view that the written waiver of the instant case explicitly expressed the intent to waive the construction cost, and furthermore, in light of the following circumstances acknowledged by the overall purport of evidence and pleadings, namely, the content of the instant agreement concluded between D and the Defendant before reaching Korea, and the process of its preparation, the Plaintiff is liable for the existing construction cost and the future construction cost pursuant to the instant agreement.