공사대금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. The following facts may be found either in dispute between the parties or in accordance with the purport of the entire pleadings and the statements in Gap evidence 1, 2, 3, Eul evidence 1, 2, 3, and 9 (including the branch numbers, if not specially indicated; hereinafter the same shall apply), and there shall be no counter-proofs:
On October 8, 2013, the Plaintiff contracted the construction of a multi-family house with 245 m245 m2 (hereinafter “instant house”) on the ground of the Namyang-si Seoul Construction Co., Ltd. with the following content:
(No. 1) o Construction Costs: 650,00,000 won (excluding value-added tax): (10%) 10% at the time of completion of the structural frame of the second floor, 20% at the time of completion of the structural frame, 10% at the time of deconstruction, 10% at the time of completion of the structural frame, 10% at the time of completion of the preparation of completion documents, 40% at the time of lease of new buildings, 1/100 (per day): 1/100 (per day)
B. On December 6, 2013, in the course of performing the instant new housing construction project, Hon Seoul Construction Co., Ltd., with the Plaintiff’s consent on December 6, 2013, transferred the status of the party to the instant construction contract to the Defendant (at the time, its trade name was changed to “Haon Seoul Construction Industry Co., Ltd.,” and thereafter, it was changed to “Erac Co., Ltd.,” on July 18, 2014, and thereafter, it was changed to the current trade name on February 27, 2017; hereinafter “Defendant”) to the Defendant (hereinafter “Defendant”), and the Defendant, as the contractor, performed the said construction project.
C. On May 2014, the Defendant transferred most of the instant new housing construction works to the Plaintiff. The Plaintiff obtained approval for use of the instant housing on May 14, 2014, and completed registration of ownership preservation in the Plaintiff’s name on May 19, 2014.
2. Determination on the cause of the claim
A. According to the contents or images of evidence Nos. 4, 5, 7, 8, and 9, and the appraisal results and the whole purport of the pleadings by appraiser D of the first instance trial, the instant housing constructed by the Defendant was < Amended by Presidential Decree No. 17588, Dec. 1, 2007>