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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit is extended and reduced by this court, including the following claims:
Reasons
1. Basic facts
A. On December 2012, the Plaintiff entered into a subcontract with Defendant and Jeonnam Land, etc. (hereinafter “instant new subcontract”). As to the construction work of constructing multi-household housing (hereinafter “new construction work”), the Plaintiff entered into the said subcontract with Defendant as the subcontractor with the amount of KRW 3,178,00,000 for total construction cost (hereinafter “instant subcontract”).
B. On October 31, 2013, the Plaintiff and the Defendant agreed to make a settlement of accounts for the instant newly built construction works as of October 31, 2013 due to the waiver of construction works by the Defendant. On November 12, 2013, the Plaintiff and the Defendant confirmed that the construction cost to be paid to the following enterprises participating in the instant construction works was KRW 422,808,761, and agreed to pay the construction cost of KRW 319,88,485, excluding the equipment and electricity parts among them, to the Defendant.
(hereinafter the above agreement is referred to as the "Non-payment agreement of this case", and the above part of the above 319,88,485 won is referred to as the "the defendant's share of 319,48.38,960 Won C90,274,651 D 16,090,200 US 23,7500 8,000 E 12,848,000,032,000 60, 600, 300, 300, 300, 420, 420, 420, 420, 420, 420, 420, 00, 420, 420, 420, 00, 205, 104, 90, 108, 208, 208, 200.
C. On December 13, 2013, the Plaintiff and the Defendant agreed on the settlement of other accounts with the following content as KRW 1,715,161,92 (including the Defendant’s share).
(hereinafter “instant settlement agreement”). 1. Agreed (hereinafter “instant settlement agreement”) 1. The Defendant’s waiver of construction work from October 31, 2012 to October 31, 2013, including insurance premium and solar construction cost, and construction period of 3,178,00,000 non-fixed construction cost for the initial change (including cost and value-added tax) in the terms of the agreement (including cost and value-added tax).
2. The plaintiff and the defendant shall agree on the above other settlement amount.