공사대금
1. The judgment of the first instance is modified as follows.
A. The Defendant: (a) KRW 166,88,791 to the Plaintiff; and (b) June 2017 to the Plaintiff.
1. Basic facts
A. On October 6, 2016, the Defendant awarded a contract to the Plaintiff for new construction of the first and fifth stories underground (hereinafter “multi-household housing”) on the land in Dongjak-gu Seoul Metropolitan Government, and the construction period was set respectively from October 30, 2016 to May 31, 2017 (hereinafter “instant contract”). (b) The Plaintiff transferred the instant multi-household housing to the Defendant on March 10, 2017 after obtaining approval for the use of construction work on October 27, 2017, by determining the size and unit price for each construction item.
(c)
The Defendant paid the Plaintiff KRW 1,089,950,000 as the construction cost.
(d)
On June 7, 2017, the Plaintiff: “The Defendant did not pay the remaining construction cost to the Defendant by June 7, 2017, which was the date when the Plaintiff deferred and paid.
If the Defendant did not pay the remaining construction cost by June 11, 2017, the Defendant issued a certificate of content to the effect that it would withdraw the legal measure.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-3, the purport of the whole pleadings
2. The reasoning for this part of the claim by the court is as follows, and the part of the judgment of the court of first instance, except for the following cases, is identical to the previous part of Article 2 of the reasoning of the judgment of the court of first instance (3 to 6 of the judgment of the court of first instance). Thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On the third page of the first instance judgment, the “Plaintiff” shall be referred to the “Defendant” under the 6th instance judgment.
Section 4 2-3 of the first instance judgment (including value added taxes) shall be deleted.
The fourth 10th 10th 1st 1st 1st 1st 1st 1st 2th 2th 3th 200.
The following shall be added to the 6th sentence below:
[4] According to the instant contract, the area of “parking lot” is 216 square meters (65.45 square meters). The Plaintiff is below 97.16 square meters (29.29 square meters).