공사대금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. In full view of the arguments and evidence Nos. 1 through 3 and evidence Nos. 1 through 3 and 1 and 2 of the judgment, the Defendant received a new construction order from the Daejeon Sung-gu D Warehouse (hereinafter “instant building”) to the Plaintiff on February 28, 2018 and subcontracted the construction of reinforced concrete (hereinafter “instant construction”) to the Plaintiff on February 20, 200,000 (including additional tax), the construction period from February 20, 2018 to April 20, 2018; the Plaintiff commenced construction of the instant building; the construction of the instant building was completed thereafter and obtained approval for use on June 5, 2018; the Plaintiff from the Defendant from February 20, 2018 to June 20, 2018.
4. It is recognized that up to six times until 18.18, a sum of KRW 178,200,000 has been paid as the construction price in this case, and the defendant paid KRW 10,000,000 to E at the request of the plaintiff.
According to the above facts, the defendant is obligated to pay to the plaintiff the balance of 31,800,000,000 won (=220,000,000 won - 178,200,000 won - 10,000,000 won) of the construction price of this case, and damages for delay.
The defendant alleged that the plaintiff did not receive any balance of KRW 31,80,000 from the defendant after the judgment of the court of first instance of this case. Thus, in full view of the purport of the whole pleadings in the statement No. 3 of the evidence No. 3 of this case, the plaintiff's remaining amount of KRW 31,80,000, which was after the judgment of the court of first instance was rendered, and the defendant agreed not to receive any balance of KRW 148,785,000 from the plaintiff, and therefore, the above argument of the defendant is reasonable, and the plaintiff's claim of this case is therefore groundless.
2. As such, the plaintiff's claim shall be dismissed for lack of reason, and the part against the defendant among the judgment of the court of first instance that has different conclusions is unfair, and thus, the defendant's appeal shall be accepted.