공사잔대금
1. The part against Defendant A of the judgment of the first instance against the Plaintiff, which constitutes the following payment order.
1. Facts of recognition;
A. On June 10, 2013, the Plaintiff concluded a contract with Defendant A for the remodeling work of 15,000,000 won for the construction cost (the contract amount of KRW 70,000,000 for intermediate payment of KRW 35,000 for intermediate payment of KRW 35,000,000 for intermediate payment of KRW 50,000 for the remainder of KRW 50,000 for the construction period) and for the mid-term period of August 10, 2013.
(hereinafter “instant construction contract”). B.
The Plaintiff commences the foregoing construction work on or around June 13, 2013, and completes the construction work on or around August 12, 2013, and from Defendant A, the down payment is KRW 70,000,000 on June 13, 2013, and the same year.
7.4. Payment was received in total of KRW 105,00,000,000, including intermediate payments of KRW 35,000.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5 evidence (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. 1) According to the facts found in the above part of the claim for the remainder of the instant construction contract, Defendant A, barring any other special circumstances, is obligated to pay the Plaintiff the remainder of the construction cost due to the completion of the instant remodeling project and the delay damages therefrom. 2) In addition, the Plaintiff incurred additional construction work around July 15, 2013; Defendant A, upon obtaining Defendant A’s consent, was in KRW 19,930,000; Defendant A paid the said additional construction cost separately from the remainder of the construction; Defendant A paid the said additional construction cost; Defendant A paid the said additional construction cost; Defendant A paid the Plaintiff KRW 19,930,000,00 for the additional construction cost. As such, Defendant A’s additional construction work should have been completed.
In the construction contract of this case, it is stated that "the construction work of this case shall be completed in accordance with the design and specifications of this construction work" under Paragraph (1) of this case, and "the construction work of this case shall not be added to this construction work" under Paragraph (3) of this case, and the above attached matters shall, at the request of Defendant A, be completed after the conclusion of the construction contract of this case.