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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The court's explanation on this part of the facts is next to the fourth [based ground for recognition] of the judgment of the court of first instance.
In addition to adding a claim, it is identical to that of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Parts]
D. As seen earlier than the Defendant’s payment of deposit, the Defendant determined the deposit amount to be paid to KRW 154,330,229 by the Plaintiff as KRW 36,016,680 according to the following method, and paid the said money to the Plaintiff on April 4, 2013.
① 406,950,00 won (in advance - KRW 500 million - KRW 93,050,000) (2) The remainder of the cost of the construction work for the construction work for the construction work for the construction work for the construction work for which advance payment is required to be appropriated (= KRW 29,425,00 for employment insurance and industrial accident compensation insurance - KRW 10,839,850 for the subcontract price to be directly paid by the Plaintiff to the subcontractor, such as the remaining facilities, etc.) (3) The remainder of the advance payment (= KRW 406,950,000 - KRW 373,62,650 - KRW 373,362,650 - KRW 30,300 - 357,500 for the construction work for the construction work for the remainder of which advance payment is required to be made) 】 373,362,429 x 30 x 3636.4
2. Judgment on the parties’ assertion
A. Inasmuch as there is no evidence to verify that the Plaintiff’s assertion made the payment of KRW 29,425,00 for employment insurance premiums and industrial accident compensation insurance premiums, the amount of the said insurance premium cannot be added to the amount of the original construction cost.
In addition, the remainder of the period of the construction work that is appropriated for 93,000 won for the remaining amount of advance payment of KRW 406,950,000,000, and the remainder amount of the construction work that the Plaintiff directly pays to the subcontractor from the unpaid amount of KRW 354,77,50,000, which is calculated by subtracting the subcontract price of KRW 74,486,50 until February 5, 2013, requesting the return of advance payment from KRW 280,291,00,000, which is ultimately an advance payment of KRW 126,659,000, = 406,950,000, - 280.