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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On August 21, 2012, B Co., Ltd. (hereinafter “B”) received from the Defendant for the construction of a freezing warehouse, etc. on the land outside Gwangju-si and five parcels of land (hereinafter “instant construction”) by determining the construction cost of KRW 6.5 billion (excluding value-added tax; hereinafter the same shall apply) and the construction period from September 1, 2012 to May 31, 2013.
(hereinafter “instant contract”). Of the instant contract price, KRW 650 million in advance was agreed upon after the conclusion of the contract, KRW 1.3 billion in advance, and KRW 1.3 billion in the first intermediate payment, upon completion of 40% in advance, KRW 1.3 billion in the second intermediate payment at the completion of 60% in advance, KRW 1.3 billion in the third intermediate payment at the completion of 80% in advance, and KRW 1.95 billion in the remainder after completion of the completion inspection.
B. On October 26, 2012, the Plaintiff filed a lawsuit against B, etc. claiming payment of KRW 50 million (hereinafter “related civil case”) with the Seoul Central District Court 2012Gahap90356, supra, by asserting that “In investing KRW 300 million in B around March 2009, the Plaintiff agreed to receive KRW 550 million by March 25, 2010.”
C. On November 5, 2012, the Plaintiff, as Seoul Central District Court Decision 2012Kadan4415, (hereinafter “instant provisional attachment order”), was issued a decision on the provisional attachment of claims against “B from among the instant claim against the Defendant, KRW 550 million” as the preserved claim. The instant provisional attachment order was served on November 7, 2012 on the Defendant.
On September 2, 2013, mediation was concluded between the Plaintiff and B in the process of the relevant civil case, as follows:
(hereinafter referred to as “instant conciliation.” On the other hand, the part of the claim against D and E, which was a co-defendant of the relevant civil case, was also concluded, and this part is omitted as it is not directly related to the instant case). 1B for the payment of the said investment amount, for the Plaintiff, 250 million won out of the construction payment claim against B against the Defendant.