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1. The part of the judgment of the court of first instance against Defendant D Co., Ltd. and the part against Defendant B, respectively.
Reasons
1. Basic facts
A. On November 18, 2009, the Plaintiff and D Heavy High School Co., Ltd. (hereinafter referred to as the “instant school Co., Ltd.”) between the Defendants and D High School Co., Ltd. (hereinafter referred to as the “instant school Co., Ltd.”).
B) A contract for the instant contract (hereinafter referred to as “instant contract”) with the term of construction from November 18, 2009 to December 31, 2010, and with the term of contract fixed as KRW 5,516,500,000 for the construction work period (hereinafter referred to as “instant contract”).
(2) On June 29, 2010, the school construction cost of the instant case increased to KRW 5,529,490,000 from the initial KRW 5,516,50,000.
B. In addition to the school construction of this case, the Plaintiff, including the relevant construction works, received orders from Defendant Co., Ltd. Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to each of the construction works indicated in the relevant construction specifications (hereinafter referred to as “related construction works,” and individually named, the construction work No. 1 of the following table was set as stated in the said table when receiving orders from Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).
[Attachment Table of Related Construction Works] Initial construction cost (cost) construction period of 1:3,56,00,000 from March 2, 2009 to December 31, 2010; 3,163,600,000 from March 12, 2012, 209 first 2,750,000,000 for D High School Facilities Work (2,750,000,000,000 until March 24, 200 to December 31, 2012, 208; 3,100,000,000 from March 24, 209 to December 31, 2010; 3,100,100,3,000 or more from March 24, 200 to 3, 300,30,300,300 or more of the first new construction works from March 24, 201010
C. As between May 25, 2009 and February 1, 2011, the Defendant Company paid the Plaintiff a sum of KRW 3,867,949,367 on the part of the Plaintiff as indicated below (hereinafter “instant payment”).
【Payment Statement Nos. 1 and 1 of the amount (won) Nos. 1 and 1 of May 2009