공사대금
1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is an individual entrepreneur performing M’s trade name painting, and the Defendant is a corporation that constructs and sells a building.
B. The Plaintiff was awarded a contract with the Defendant for the interior and external painting construction of E-Ba in size of the 2nd floor, the third floor, and the 1st floor of the rooftop, which the Defendant performed by the Defendant, from October 201 to January 201, for the sealing construction work from October 201, 201. However, the Plaintiff decided to exclude the third floor from the above painting construction work of the 3rd floor and the rooftop from the above painting construction work of the 1st, the 2nd floor and the 1st and the 2nd floor from the ground.
C. While carrying out painting construction, the Plaintiff received a contract from the Defendant for landscaping construction works covering KRW 53,240,000 (including value-added tax) for the cost of planting trees on the above E-Ba’s neighboring site, and thereafter, performed landscaping construction by planting pine trees, bamboo trees, etc. from around that time.
The Defendant paid to the Plaintiff the sum of KRW 125,050,000 from October 6, 201 to January 19, 201 as the price of each of the above construction works.
【Ground of recognition】 without any dispute, Gap’s evidence 2-1, 2, 4-1 through 4, Gap’s evidence 7, Gap’s evidence 8-1 through 11, Gap’s evidence 9, 16, Gap’s evidence 21-13, Eul’s evidence 5, Eul’s witness G testimony, and the purport of the whole pleadings
2. The evidence No. 2-1 and No. 2-1 of the probative value of No. 2-1 of the evidence No. 2-1 of the evidence No. 2-2 is a quotation for the above landscaped construction, and the evidence No. 2-2 of the evidence No. 2-2 of the above landscaped construction is a quotation for the above landscaped construction. The defendant asserts that the above seal construction and the landscaped construction cannot be assessed in accordance with the evidence No. 2-1 and
The following can be recognized by comprehensively considering the evidence No. 1-2, evidence No. 1-1, evidence No. 2, evidence No. 16, evidence No. 21-13, evidence No. 23-2, evidence No. 23-2, and testimony of witness G of the first instance court: