beta
Text
1. Of the part on the claim of main lawsuit in the judgment of the court of first instance, 111,78.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 9, 10, and Eul evidence Nos. 1 and 2 (including all of them, if any; hereinafter the same shall apply) and the whole purport of the pleadings.
On May 14, 2013, the Plaintiff was a company with the aim of an engineering work, and entered into a contract for construction work with the Defendant with the following terms:
(hereinafter referred to as the “instant construction contract”). The standard construction contract statement for the construction project: The construction project site for the New Construction project: B, C, and D: The contract price for the construction project on September 22, 2013: 784,300,000 won (including value-added tax): 10% of the supplied amount: The payment date and method of the completed portion of the additional tax by 10%: Cash Payment (within five days from the date of the initial claim): 32% of the supplied amount at the time of the commencement of the construction project: 30% of the supplied amount by 32% by additional tax by 30% by additional tax by 30% after the commencement of the construction project: the third 3rd by additional tax by 28% after the completion of the construction project: the additional construction compensation rate by 1/100 by 12% per annum.
B. Around January 22, 2014, the Defendant obtained approval for use from the racing market in relation to the instant construction project, and completed the registration of ownership preservation of two completed buildings on February 21, 2014 and used them as a factory.
C. The Defendant paid the Plaintiff KRW 570,000,000 among the construction cost under the instant construction contract.
Meanwhile, among the instant construction works, the Plaintiff filed a claim for construction cost against the Plaintiff under Daegu District Court racing-Support 2013Gahap1570, Daegu District Court, and the Plaintiff filed a claim against the Plaintiff for construction cost. The said court rendered a judgment that “the Plaintiff shall pay to E 151,941,790 won, and 5% per annum from November 13, 2013 to July 25, 2014, and 20% per annum from the following day to the date of full payment,” and the said judgment is without merit.