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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. The Plaintiff, as to the cause of the claim, seek against the Defendant the payment of the unpaid service cost of KRW 20 million and its delay damages.
According to the purport of Gap evidence Nos. 1, 6, and 8 and the whole arguments, the plaintiff entered into a contract (hereinafter referred to as "the contract of this case") with a content that "prior to the prior examination of factors influencing disasters by the defendant's urban planning" on November 22, 2013, the plaintiff and the defendant entered into a contract with the defendant to receive a total of KRW 8 million (including additional tax) and KRW 28,000,000,000 (including the administrative plan of this case and KRW 8,000,000,000,000,000,000,000,000 from the administrative plan of this case on July 2014, 2014. Meanwhile, the plaintiff completed the development project of this case around the administrative plan of this case and around April 2017.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff the unpaid service cost of KRW 20 million under the contract of this case and the delay damages, except in extenuating circumstances.
2. The defendant's assertion and judgment
A. On September 15, 2017, the Defendant’s assertion and the Plaintiff agreed to reduce the service cost of KRW 20 million for the portion of the development project (hereinafter “instant portion”) stipulated in the instant contract, and the Plaintiff agreed to receive the service cost through C Co., Ltd. (hereinafter “C”). Accordingly, the Plaintiff, as the subcontractor, performed the service for the instant portion of the service.
Therefore, the plaintiff cannot respond to the plaintiff's claim against the defendant who is not C.
(b) The facts below the facts are either in dispute between the parties or in whole as described in Gap evidence Nos. 9 and 10, as well as witness D's testimony and arguments.