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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Facts of recognition;
A. The plaintiff is engaged in the manufacturing business, etc. under the trade name of "D," and the defendant is a company that aims at the manufacturing business of chemical air in-house products.
on August 25, 2017, HS 17-019, HS 17-019 on August 25, 2017: F9,500,000 on December 10, 2017, HS 17-003 HS 17-002 on November 10, 2017; HS 17-00,000 on October 10, 2004 on October 15, 2017; HS 22,00,000 on October 15, 2017; HS 17-00,005 HS 17-0212,00,000 on December 20, 200, HS 17-107, 2007-23,07-107, 105, 207-17, 205, 2017
B. On July 2017, the Plaintiff and the Defendant concluded a construction contract that the Plaintiff manufactures eight tanks and supplies them to the Defendant as listed below:
(hereinafter referred to as the “instant construction project” according to the sequence of order, and the combination of each of the above construction works and each of the contracts together with “each of the instant construction works” and “each of the instant construction contracts” (hereinafter referred to as “instant construction contracts”).
On September 30, 2017, the Plaintiff prepared a written waiver of construction works and submitted it to the Defendant with respect to the instant construction works Nos. 2, 3, 6, and 7.
HS 1-1 HS 17-01 HS 17-019 HS 17-2 HS 17-2 HS 17-019 P 1,200,000 HS 4-15 Q 17-015 HS 1,100,000 4-2 HS 17-015 HS 320,000
D. In the process of performing each of the instant construction works, the Plaintiff and the Defendant agreed to perform the following additional construction works relating to the instant construction works Nos. 1 and 4.
E. On July 31, 2017, the Plaintiff claimed KRW 13,041,925 to the Defendant, the sum of KRW 12,753,425 for progress payment for approximately 67.1% of the completion rate of the instant construction project, and KRW 14,453,425 for the total of KRW 1,70 for the total of KRW 1,41,500 for the total of KRW 1,41,925 for the expenses incurred in supplying, processing, and leasing equipment, and KRW 13,041,925 for the total of KRW 1,41,50 for the total of KRW 32.9% of the remainder of the construction project as indicated in the instant Table No. 1 and KRW 24675, the additional construction project, and KRW 36,00 for the total of KRW 1,70 for the total of KRW 32.9% of the completion rate of the construction project as indicated in the instant Table, among the additional construction works