정산금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 79,048,662 and KRW 18,629,437.
The reasoning of the judgment of the first instance court, which is the same as the "1. Basic Facts", shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
According to the settlement statement of the part of the claim for settlement of accounts in 2009, the Plaintiff’s settlement statement in 2009 (Evidence No. 2-1 of the evidence No. 2 of the evidence No. 2 of the evidence No.2 of the 2009) states the amount obtained by deducting the profits of the Defendant and the Defendant from the amount of the settlement of accounts in 2,024, 335,108, and 6,760,459, the amount of the settlement amount in 2,031,095,567, which is added to the amount that the Defendant would pay to the Plaintiff by the Defendant. Meanwhile, the construction cost (the portion indicated as “original claim” in the settlement statement) that the Defendant paid directly to the Plaintiff on behalf of the Plaintiff is stated as KRW 1,538,198,186, and the amount that the Plaintiff received under the name of advance payment, progress payment, and completion amount.
Meanwhile, if the purport of Gap evidence 1-2, Gap evidence 2-1, and Eul evidence 24 is added to the whole purport of the pleadings, the defendant and the defendant are entitled to receive the whole remaining preservation amount from the defendant (as seen in the front and rear, the defendant succeeded to the present right and duty of the subcontract of this case) from the defendant, as long as the subcontract of this case is terminated in accordance with the progress of construction each year, while the defendant and the present court agree to pay the plaintiff the total amount of KRW 7 million and the service cost of KRW 3 million paid for the calculation thereof.
At the time of the settlement of accounts in 2009, the remaining price increase preservation amount may be calculated at KRW 51,149,866 after deducting some of 28,850,134 won paid in 2008 from total amount of KRW 80,000,000, and the parties have not disputed the fact that the remaining preservation amount should be included in the settlement of accounts in 2009.
Considering the contents of the settlement statement and price increase preservation amount, the settlement amount that the defendant pays to the plaintiff in 2009 is KRW 73,774,520 =2.