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1. The cancellation of the part against the defendant (Counterclaim) among the main part of the judgment of the court of first instance shall be subject to the cancellation part.
Reasons
1. Case summary
A. From around 2012 to August 13, 2012, the Defendant agreed to pay the Plaintiff KRW 198,00,000 as advance payment for the construction cost (including value-added tax) of the said newly constructed construction work between the Plaintiff and the Plaintiff during the period of construction, and the period of construction from August 13, 2012 to June 24, 2013, the Defendant agreed to pay the Plaintiff KRW 198,00,00 as advance payment for the construction cost.
(hereinafter “instant subcontract”). (b)
On August 23, 2012, the Plaintiff received 198,00,000 won as advance payment from the Defendant. Since then, the Plaintiff claimed 64,790,000 won as the first progress payment for October 2012, and subsequently, 25,916,00 won as advance payment, and received 38,874,000 won as well as 252,90,000 won as the second progress payment for November 2012, the Plaintiff claimed 101,20,000 won as advance payment and received 151,70,000 won as remainder.
C. On December 28, 2012, the Plaintiff filed a claim against the Defendant for payment of KRW 162,00,000 (including value-added tax) with the progress payment for December 28, 2012. On January 7, 2013, the Plaintiff and the Defendant agreed on ① construction of new waterway concrete construction works, ② destruction of the upper line retaining wall construction works, ③ destruction of the upper line foundation (including expenses for installing earth walls), ④ cutting of the upper line platform (including expenses for installing earth walls), ④ cutting of the foundation of the landing platform (including expenses for installing earth walls), 7 cutting of the existing retaining wall construction works, 8 cutting of the existing drainage pipe, 9 installation of the existing drainage pipe, basic installation of the drainage pipe, 10 removal of the upper line construction works, and 13/100 of the new installation expenses, and 3/100 of the new installation expenses at the expense of the lower line construction works.
hereinafter referred to as "the case."