공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The reasoning for the court’s explanation of this part of the underlying facts is the same as that of the relevant part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420
2. Determination
A. 1) The Plaintiff concluded a contract with the Defendant for the instant construction work at KRW 33,808,622, and completed the construction work.
The Defendant paid to the Plaintiff a total of KRW 12,100,000,000,000, which was transferred to the account of the Plaintiff and the Plaintiff’s wife AB, for the purpose of the instant construction cost, and KRW 2,100,000,000, excluding KRW 5,000,000, which was repaid as a repayment for the loan on October 14, 2009, out of KRW 7,100,000,000.
Therefore, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff KRW 21,708,622 ( KRW 12,100,000) and the delay damages.
B) The Defendant agreed to contract the instant construction work with the Plaintiff at KRW 20,00,00, and agreed to pay the Plaintiff the said construction cost. (ii) The Plaintiff’s statement in the evidence Nos. 2, 3-1 through 3, 6-1, 4, 7-1, 2, and 15-1, 2, and 16-1, 3, 15-1, 2, and 15-1, 3, 2, and 16-1, as a result of the appraiser AC’s appraisal in the first instance trial, and the purport of the entire argument in the Plaintiff’s first instance trial is added to the Plaintiff’s 33,808,62 won for the instant construction work, and completed the said construction work on October 23, 2009, together with the Plaintiff’s payment of KRW 30,000, 200, 2000, 3000, 2000.
Although the defendant alleged that he agreed to pay the construction cost of this case, he did so.