공사대금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
1. Facts of recognition;
A. On June 27, 2015, the Plaintiff, a corporation operating a housing site creation business, housing construction business, etc., was awarded a contract by the Defendant for the construction of the Seoul Jung-gu multi-family house (hereinafter “instant building”) (hereinafter “instant construction”) with the construction cost of KRW 365,00,000 (excluding value-added tax) and the construction period of KRW 365,00,000 (excluding value-added tax) from July 2015 to December 30, 2015.
B. After completing the instant construction, on March 17, 2016, the Plaintiff entered into an settlement agreement with the Defendant (hereinafter “instant first settlement agreement”) as indicated below, and according to the said settlement agreement, the Defendant paid KRW 150 million to the Plaintiff on the same day.
The Agreement (Agreement) referred to “B (Defendant), “A”, “H, and “B” as “B” to the person ordering the instant construction project, “A”, and “B” to the representative director of the said building E (State) and the president, and upon the completion of the instant construction in full, the Parties “A” and “B” agree as follows:
1. “A” shall, in accordance with the final agreement on the balance of the total construction cost to be approved by “B” as KRW 175,00,000,000, “A” shall transfer the balance of the construction cost to the designated account of “B” on March 17, 2016, and KRW 20,000,000, out of the remainder of KRW 25,000,000,000, out of the remainder of KRW 25,000,000, the final balance shall be approved within seven days after the completion of the repair work (part of toilet water, etc.) and the final balance shall be approved only by the Parties until December 30, 2016.
2. If “A” does not comply with the foregoing period, the agreement shall be completely null and void;
However, if “A” approves in full the above amount (175,00,000) within the agreed period, the Parties will not raise any civil, criminal reasons and problems.
C. On June 2, 2016, I, the actual operator of the Plaintiff, concluded an settlement agreement with the Defendant (hereinafter “instant second settlement agreement”) as follows.
The name of the construction cost payment agreement: B (Defendant) contractor: E (Plaintiff) (Plaintiff)-in-house use. The above contractor shall be the contractor.