공사대금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a person who is engaged in general construction business with the trade name “D” in Jinju-si.
B. On June 7, 2017, the Plaintiff entered into a contract with the Defendant for the construction of the Korea-style house (hereinafter “instant building”) located on the land in Haan-gun, Gyeongnam-gun, the Defendant’s mother owned by the Defendant (hereinafter “instant construction”) for the construction cost of KRW 38 million (the contract amount of KRW 10 million, intermediate payment of KRW 10 million, KRW 10 million, and the remainder of KRW 18 million), and for the construction period from July 2, 2017 to August 10, 2017 (hereinafter “instant contract”). The Plaintiff agreed to “a decision made by the Plaintiff and the Defendant in accordance with mutual agreement at the time of the alteration or addition of construction works (hereinafter “instant contract”).
(hereinafter “instant special agreement”). C.
The plaintiff completed the construction of this case, and delivered the building of this case to the defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Determination
A. 1) In the instant case’s claim for the unpaid construction cost, the fact that the construction cost under the instant contract was 38 million won as seen earlier, and the fact that the Plaintiff received a total of KRW 25 million from the Defendant as the construction cost does not conflict between the parties concerned. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 13 million due to the change of the construction cost and the delayed payment thereof. 2) During the instant construction, the Plaintiff agreed with the Defendant to change and add the construction cost indicated in the table below, and the construction was completed. Accordingly, the Defendant is obliged to pay the Plaintiff for the changed and additional construction cost and delayed payment damages. Accordingly, the Defendant is obliged to pay the Plaintiff the changed and additional construction cost of KRW 12,51,90 as well as the delayed payment damages therefrom.