공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. On November 3, 2010, the Plaintiff engaged in the repair business of the Plaintiff’s alleged housing, etc., concluded a remodeling construction contract (hereinafter “instant construction contract”) with respect to the second floor D located in Busan District Office (hereinafter “instant building”) owned by the Defendants, which is located in the Defendants with the Defendants, and set the construction amount at KRW 44,794,50,00. The additional construction works equivalent to KRW 3,000 were performed by the Defendants. Since the Defendants received only KRW 30,100,000 from the Defendants, the Defendants are jointly and severally obligated to pay the remaining construction cost and delay damages to the Plaintiff.
B. As to the amount of the construction cost under the instant construction contract, there is no dispute between the parties, and there is no evidence supporting that the Plaintiff and the Defendant B agreed to separately determine or settle the construction cost after the completion of the instant construction project.
However, the Plaintiff had studio on the first floor in 5 and 2, and the construction cost for remodeling was KRW 38,00,000,000,000. However, the Defendants demanded that the studio of the instant building be combined into 2 households on the first floor and 2 households on the second floor. The Plaintiff demanded that the studio of the instant building be remodeled into 2 households on the second floor. Accordingly, upon the Defendants’ request, the increase in the construction cost, such as removal of walls and reconstruction, increased construction cost, such as removal of walls and reconstruction, and the increase in construction cost, as stated in each estimate under the evidence No. 2-1 through No. 5, the Defendants notified the Defendants that the construction cost reaches KRW 44,794,50, and claimed with the Defendants’ consent. On the other hand, the Defendants and Defendant B concluded the instant construction contract.