사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
- Claim -.
The reasons for the judgment of the first instance court shall be cited (the main text of Article 420 of the Civil Procedure Act), and the following contents shall be added thereto.
The judgment of the first instance is not to deny the probative value of the agreement, but to accept the plaintiff's assertion that the content of the agreement was modified by agreement between the plaintiff and the defendant after the formation of the agreement.
Considering the circumstances that the Defendant did not make an explanation (e.g., concerns about late payment liability as pointed out by the Defendant, characteristics of obligation to pay labor costs, etc.) that would be able to obtain the payment thereof despite having paid the Plaintiff an amount exceeding KRW 30 million of the construction cost under the agreement, it is reasonable to accept the Plaintiff’s assertion on the grounds as pointed out by the first instance court judgment.
The defendant's assertion that the judgment of the first instance court erred in the legal principles as to the probative value of disposal documents is not accepted.
The plaintiff's claim shall be accepted in part.
The judgment of the first instance court as the conclusion is justifiable, and the defendant's appeal is dismissed.