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1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.
Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On August 3, 2010, the Defendant entered into a contract with the Plaintiff for 22,505,80 won for B (326 square) and C (4,636,200 won for D (462 square) and 34,967,700 won for construction permit area per 620,00 won for construction permit area per 34,967,700 won for D (506 square), based on construction permit area per 620,00 won for B (326 square).
Section B. Each determination was made
(hereinafter “instant contract”). However, with respect to D Corporation, the Plaintiff entered into a contract under the name of the wife J.
B. At the time of the above contract, the date of commencement, August 4, 2010, and the scheduled date for completion of the instant contract were determined as October 30, 201, respectively. Since then, the scheduled date for completion of the said project was extended on December 30, 2010, and the period for completion of the said project was extended on April 30, 201, and the period for completion of the project was changed as of May 31, 201.
C. Meanwhile, the Plaintiff filed a complaint against the Defendant, etc. on January 5, 201 due to the violation of the Construction Business Act, fraud, etc., due to the conflict between the Defendant and the original Defendant due to the issue of payment of additional construction cost and extension of construction period during the process of the instant construction project. On January 25, 2011, the actual construction period C, excluding the period of construction extension, rain, snow, natural disaster, etc., and C, D, 2 months, and B, 3 months, under joint signature between the original Defendant and the supervisor of the instant construction project (hereinafter “instant performance memorandum”).
2. The Plaintiff shall pay 98,000,000 won for the unpaid portion to the Defendant prior to the snow.
Provided, That the construction shall resume within seven days from the date of payment (except for the annual suspension and temporary suspension).
3. The withdrawal of a complaint and a petition (civil petition) filed with each Office shall be immediately withdrawn.
4.This paper.