1. The part of the judgment of the court of first instance against the defendant ordering payment in excess of the following amounts shall be revoked.
1. The Plaintiff’s judgment as to the cause of the claim is the creative construction business, the Defendant is a merchant engaging in the construction business, and the Plaintiff and the Defendant concluded a creative construction work at C’s construction site located in Chungcheongnam-gu, Chungcheongnam-si (hereinafter “instant construction work”) around May 26, 2015, and the Plaintiff completed the instant construction work on or around August 2015, without any dispute between the parties, or recognized by the statement of evidence No. 2, and the Plaintiff paid the Plaintiff KRW 11,00,000,000 out of the total construction price.
However, the Plaintiff asserts that the total construction cost of the instant construction project is KRW 17,000,000, and thus, the unpaid construction cost is KRW 6,000,000 (=17,000,000 - KRW 11,000,000). The Defendant asserts that the unpaid construction cost is KRW 14,00,000,000, and the unpaid construction cost is KRW 3,000,000 (=14,000,000 - 11,000,000).
It is insufficient to recognize that the construction cost of the instant construction project exceeds KRW 17,00,000,000, which is recognized by the Defendant solely with the descriptions of the evidence Nos. 1 and 3-1 and 2 submitted by the Plaintiff, and there is no other evidence to acknowledge it.
Therefore, the Defendant is obligated to pay to the Plaintiff 3,00,000 won for the accrued construction works of this case and 15% interest per annum under the Special Act on the Promotion, etc. of Legal Proceedings from June 22, 2016 to June 2, 2017, which is the date following the date of delivery of a copy of the complaint of this case, which is the date of the delivery of a copy of the complaint of this case to the Plaintiff, to the Defendant’s objection as to the existence of the obligation or the scope of the obligation.
2. Conclusion, the Plaintiff’s claim of this case shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as there is no reasonable ground.
In conclusion, the part against the defendant ordering payment in excess of the above recognition amount among the judgment of the court of first instance which partially differed from this conclusion is unfair, and thus, the defendant's appeal is accepted and revoked.