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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 25, 2016, the instant judgment: (a) the Defendant was awarded a contract with the Plaintiff for construction cost of KRW 440,00,00 (excluding value-added tax) for the portion of the construction cost of the instant multi-family housing among the instant multi-family housing by February 28, 2017; and (b) on May 24, 2017, the Plaintiff and the instant construction cost of the instant multi-family housing were determined as KRW 208,50,000 (excluding value-added tax); (c) the Plaintiff and the instant construction cost of the instant multi-family housing are determined as KRW 208,50,000 (excluding value-added tax); and (d) the remainder of the instant multi-family housing among the instant multi-family housing, including the Plaintiff’s payment of KRW 130,000,000 and KRW 308,50,000 (including value-added tax).
B. On the grounds of the previous judgment of this case, the court below acknowledged the defense of payment in kind, defense of 10,000 won in the construction cost of the part of the construction of the sub-deed counter-deed network, defense of 5,000 won in the damages compensation in lieu of the repair cost, and defense of 5,000 won in the damages compensation in lieu of the repair cost, and defense of 5,000 won in the damages compensation in lieu of the defect repair cost, and acknowledged only the defense that the value-added tax is unreasonable, among these defenses.
(c) In the text of the judgment of this case, the court ruled that “the Plaintiff shall pay the Defendant 78,50,000 won with 6% interest per annum from June 10, 2017 to May 8, 2018, and 15% interest per annum from the next day to the day of full payment.”
C. The Plaintiff appealed against the judgment before the instant case. The appellate court became final and conclusive on July 11, 2019 as the withdrawal order, and the judgment before the instant case became final and conclusive on July 11, 2019.
. the basis for recognition.