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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On November 1, 2011, the Defendant sought payment of KRW 149,625,807 of the remainder amount to the Plaintiff after the Plaintiff completed the construction by being awarded a contract with the Plaintiff for KRW 5.6 million (hereinafter “instant construction”). On May 24, 2012, the Plaintiff sought payment of KRW 1,49,625,807 of the remainder amount to the Plaintiff. From March 1, 2012, the Plaintiff: (a) KRW 47,075,337 of the loan cost of the Housing Fund KRW 625,807 of the survey cost of KRW 990,00,000, KRW 6.5 million of the supervision cost, KRW 178,530 of the unpaid electricity cost, KRW 1,395,00 from March 1, 2012.
4. Since the sum of the liquidated damages for delay up to 30. 37,386,00 won should be deducted, only 102,550,470 won (149,625,807 won - 47,075,337 won) was expressed as the remainder of the construction of this case, and there was a dispute between the plaintiff and the defendant as to the claims and liability relations arising from the construction of this case (i.e., sending a notice demanding the calculation of the amount that can be paid to the defendant without presenting the settlement amount claimed by the plaintiff, and (ii) the defendant did not receive the said amount as the remainder of the construction of this case. (iii) The defendant did not raise objections to the public, criminal, etc. after receiving the said amount as the payment for the construction of the construction, (iv) the representative director of the industrial construction, the witness construction notification, the witness of director, and (v) the Plaintiff’s signature and seal on the amount agreed to be 150,7500 won after signing the receipt (5).
As a result, our alternative Industrial Construction Co., Ltd. notifies that there is no liability.
(1) include the term "a special agreement".