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1. According to the Plaintiff’s reduction of the purport of the claim in the trial, the judgment of the first instance is modified as follows.
Defendant B.
Reasons
1. Facts of recognition;
A. On July 18, 2008, Defendant B concluded a contract with the Plaintiff for the new construction of E farm (hereinafter “the instant construction”) on the following grounds: (a) Defendant B was selected from the Ministry of Agriculture and Forestry as a subject of the Yang Savings System Co., Ltd. in 2007; (b) obtained a loan for the Yang Savings System in 5,050,000,000 won; and (c) decided to build a new E farm on the 12 parcels, both of which were located, located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Busan; (d) Defendant B ordered the Plaintiff to implement the construction of E farm; (e) the construction cost was 6,150,000,000 won (including value-added tax); (e) the construction period was from July 30, 2008 to December 10, 2008; and (e) the payment period for the completed portion was 600,000,000 won within 7 days after the basic theory.
(3) On the other hand, at the time of the contract of this case, K Co., Ltd. (hereinafter “K”) operated by J. at the time of the contract of this case
In the contract of this case, the construction work of the E farm shall be executed by the plaintiff, and since K does not have a comprehensive construction license, the contract of this case was prepared by the plaintiff as a whole for the construction work of this case from the defendant Eul. 4) Furthermore, with respect to the payment method of progress payment, the plaintiff Eul and the defendant Eul shall pay 600,000 won to K upon completion of the civil engineering work, and the remaining progress payment amount shall be paid by the defendant Eul with a loan of both affiliated money. The contract of this case shall be 15 days from the date of approval for use of the E farm where the defendant Eul can obtain a loan of 5,050,000 won for both affiliated money and KRW 4,920,000 for 80% of the construction cost within 15 days from the date of completion of the contract of this case, and the remaining balance shall be paid within 15 days from the completion of swine entry as the representative of the E farm after completion of the contract of this case.
5 The general terms and conditions of the standard contract for private construction works attached to the contract of this case are as follows, and the general loan of commercial banks around January 3, 2009.