A. The Plaintiff is a business entity engaging in architectural interior fisheries.

B. On July 2019, the Defendant made an oral contract to the Plaintiff without separately stipulating the construction cost with respect to the interior remodeling work “D” on the ground of Busan Shipping Daegu C (hereinafter “instant construction work”).

C. From August 2019, the Plaintiff performed the instant construction from around August 2019 and completed the instant construction around October 2019.

The Defendant paid KRW 37,00,000 to the Plaintiff out of the construction cost of the instant case.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap's evidence 1 to 4, purport of the whole pleadings

2. If the purport of the entire argument is added to the facts acknowledged prior to the determination of the cause of the claim, the Plaintiff and the Defendant appears to have concluded the contract without separately confirming the construction cost of this case, and if the agreement on the determination of the construction cost of this case was not reached, the construction cost of this case cannot be determined by the appraisal based on reasonable criteria. Meanwhile, the appraiser’s appraisal result shall be respected unless there were significant errors in the appraisal method against the empirical rule or in the absence of rationality.

(See Supreme Court Decision 201Da103199 Decided January 24, 2013 (see, e.g., Supreme Court Decision 2011Da103199, Jan. 24, 201). If the purport of the entire pleadings is added as a result of the appraisal commission with respect to appraiser E of this Court, appraiser E shall prepare a plan concerning the instant construction project by conducting an on-site inspection, calculate the quantity based on the plan, calculate the amount based on the plan, calculate the authorized wage and price data, and calculate direct material cost and direct labor cost using the construction standard unit unit, and then apply the construction cost of this case by applying the ratio of the cost

1. It is acknowledged that the appraisal of KRW 59,975,153 as stated in the construction cost statement has been made, and it is reasonable to fix KRW 59,975,153 calculated as a result of the above appraisal as the construction cost of this case, and thus, special circumstances.