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 stated in paragraph (1), KRW 106,40,000 (i.e., the construction cost of KRW 121,040,000) - the construction cost of KRW 14,640,000) 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 requested by the Plaintiff, which is the day following the date of delivery of a copy of the complaint of this case.
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 among the disputes between the Plaintiff and the Plaintiff, signed the settlement statement in this case on the condition that the Defendant would accurately calculate and settle the balance of the construction price. Since the above conditions have not been fulfilled, the Defendant is not obligated to pay the Plaintiff the settlement amount under the settlement statement in this case. 2) The Defendant presented the G statement (Evidence 15) as evidence in the appellate
The above statement states that “the Plaintiff signed the instant settlement statement on the condition that the Defendant was settled later by reflecting the failure to complete construction, etc. on the ground that the Plaintiff did not have any documents necessary for completion, such as the test report,” and if so, the Plaintiff issued the documents necessary for completion, which was not delivered due to the dispute over the construction cost.