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1. The Defendant’s KRW 17,94,545 to the Plaintiff and KRW 5% per annum from January 1, 2013 to July 16, 2014, and the following.
Reasons
Basic Facts
The Plaintiff jointly determined the shares of C (hereinafter referred to as “C”) and 49:51, and received the construction of D Village Sewerage Facilities (hereinafter referred to as “instant construction”) from the Jung-gun as follows.
(However, among the following primary construction works, part of the sewage treatment plant was supplied by Samyang Engineering Co., Ltd.). The general portion for the installation of D Village Sewerage Facilities from April 27, 2007 to October 26, 2009: the period from April 27, 2007 to May 23, 2009; the total construction cost of KRW 745,916,000 for the second portion: the period from February 4, 2008 to July 21, 2009; the total construction cost of KRW 811,690,000 for the third portion: the period from January 19, 2009 to October 26, 2009; the Plaintiff and the Defendant received the remainder of the construction cost from the Plaintiff and the Defendant’s agent under the name of the first installment construction site, and excluded the Plaintiff and the Defendant from the remainder of the construction cost of KRW C2.2.
During the construction process of the instant construction project, there is a civil petition against neighboring residents for the selection of a site for sewage treatment plants, and it is necessary to take additional measures, such as physical coloring the substitute site, and the construction was suspended on December 23, 2008, and the Colonel notified the Plaintiff and C of the suspension of the entire construction of the instant construction project on July 17, 2009.
Around December 2009, the Defendant filed a civil petition with the Yongsan Police Station and the residents of the instant construction suspension period. Around that time, the Defendant: (a) requested the Swiss Packaging Corporation (hereinafter “instant asphalt”); and (b) performed construction works worth KRW 14,817,000.
C discontinued during the construction suspension period of the instant case.
As a result of the discussion on the resumption of the instant construction by holding a countermeasures meeting at the meeting of the Plaintiff’s representative director F and the Defendant, etc. on October 6, 2010, the Young-gun decided to continue the instant construction by succeeding the shares of C during the instant construction, but to waive KRW 61,60,000 corresponding to the portion not executed by C out of advance payment paid to C.