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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The reasoning for the court’s explanation on this part of the facts of recognition is as stated in the reasoning of the first instance court’s decision, except for the case where “O. 26, 2015.10” in Chapter 5 of the judgment of the first instance is deemed to be “O. 22, 2015.10,” and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The Plaintiff is obligated to pay service costs of KRW 540,936,00 by multiplying the total floor area of KRW 49,176.09 square meters by KRW 11,000 per square meter. 540,936,990, and the Plaintiff is the amount of KRW 540,936,000, which is less than that of the Plaintiff.
(Value-added tax is a person who has been a party to the instant service contract, and according to the above facts, it is reasonable to deem that the due date for the completion payment that arrives until the date of the selection of the contractor has arrived at 15 days after the selection of the contractor pursuant to the proviso of Article 4(3) of the instant service contract. 10% of the down payment is also included in the amount that shall be paid within 15 days after the selection of the contractor at the instant complaint. As such, the Defendant Union is obligated to pay the Plaintiff 60% of the total service payment until March 24, 2013 (i) 10% of the down payment (i.e., 10% of the down payment, 10% of the first and second progress payment, 10% of the down payment, 20% of the three late payment, 324,561,60 won (=540,936,000 x 60%) x 20% of the total amount of service payment (i.e. 20, 30150%) x 5.30% of the project approval.
B. On the other hand, according to Gap evidence No. 7-1 through No. 3, the defendant union's payment for the payment of the service amount of KRW 200,00,000 on April 10, 2015 (the payment amount of KRW 181,818,182, value-added tax of KRW 18,181,818,818,182), and KRW 130,000,000 on May 26, 2015 (the payment of KRW 118,181,818, value-added tax of KRW 111,818, value-added tax of KRW 11,00,000,000, value-added tax of KRW 100,000,000, value-added tax of KRW 10,000 on November 27, 205,00.