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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the plaintiff who falls under any of the following subparagraphs against the plaintiff.
Reasons
The main lawsuit and counterclaim are also examined.
Basic Facts
On August 27, 2012, the Plaintiff concluded a contract for construction works (hereinafter “instant contract”) with the Defendant for the extension of the instant building B (hereinafter “instant building”) (hereinafter “instant construction works”) by setting the construction cost of KRW 730,000,000 for the construction period and the construction period from September 1, 2012 to December 31 of the same year.
Around May 16, 2013, the Plaintiff and the Defendant suspended the instant construction. On June 27, 2013, the Plaintiff and the Defendant: (a) delegated the settlement of construction cost with respect to the extension of buildings under the following agreements related to the instant construction works (hereinafter “instant agreement”); and (b) calculated and executed the difference after calculating the amount of difference after the modification, based on the drawings before the modification and the drawings after the modification.
Provided, That the reasonable cost shall be calculated only for net construction cost (direct cost), and the indirect cost shall be applied the amount under the contract with the same amount as before and after the design change.
The difference shall be calculated by deducting the difference for the non-execution portion.
2. The above-mentioned difference shall be adjusted by adding up to KRW 30 million, excluding KRW 700,000,000,000 for initial contract amount to KRW 730,000,000,000 for initial execution.
3. Since the amount referred to in paragraph (2) above is an amount excluding value-added tax, value-added tax shall later be executed by settling accounts between the amount already executed through accounts of the defendant and the plaintiff and
(Amount 13,00,000). 4. At the same time as this Agreement, the Plaintiff shall take all necessary measures to approve the use of the Defendant’s building and make the approval for use available without delay.
5. In addition, the Plaintiff is responsible for and released from the civil petition filed by the Plaintiff’s agent C (within 24 hours after the agreement). The Plaintiff and the Plaintiff’s agent are responsible for all the expenses incurred therefrom, and they are not responsible for any future civil petition.
The outlines
8. After agreement, the remaining Corporation shall be the defendant's expense.