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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On October 29, 2010, the Defendant concluded the instant construction contract with Es branch Construction Co., Ltd. (hereinafter “Es branch Construction”) with the following construction contract (hereinafter “instant construction contract”).
1. Name of construction: 1/1,000 won (including value-added tax) for delay in the amount of 2,982,00,000 won: 6/1,000
B. By March 16, 2012, the Defendant paid 1,880,000,000 won in total to S branch Construction as follows.
The temporary payment amount of KRW 200,000,000 on December 21, 2010 shall be KRW 300,000,000 on January 31, 2011; KRW 70,000,000 on April 12, 2011; KRW 400,000 on May 26, 2011; KRW 200,000 on July 1, 201; KRW 50,000 on September 5, 2011; KRW 50,000,00 on September 5, 201; KRW 10,000 on March 5, 201; KRW 10,000,000 on KRW 10,000 on March 5, 200,000; and KRW 10,000 on August 10, 208, 2010;
C. However, since E.S. General Construction was financed from around September 201, 201, it was difficult to carry out construction works due to the failure to pay subcontract prices and wages to subcontractors and workers working at the instant construction site. Accordingly, E.S. General Construction and the Defendant agreed on February 25, 2012 to pay the instant construction price directly to subcontractors and workers working at the instant construction site (hereinafter “instant direct payment agreement”).
2) 2) D was awarded a subcontract for the instant construction project from March 17, 2012 to June 14, 2012 and performed the construction project. The Defendant paid KRW 15,000,000 to D on June 15, 2012 in accordance with the instant direct payment agreement.
However, even after the termination of the instant construction contract, E.S. comprehensive construction was unable to perform the instant construction project any longer due to the failure to resolve the financial difficulties.
Ultimately, Es.S. Comprehensive Construction and the Defendant on July 18, 2012.