사용료
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. According to the fact that there is no dispute between the parties to the determination as to the cause of the claim, Gap evidence 2, Eul evidence 3-1 and 2, the result of the on-site inspection by the court of first instance, and the purport of the whole pleadings by the court of first instance, it is recognized that the Plaintiff and the defendant conducted land adjustment work (hereinafter “instant land adjustment work”) with regard to land of KRW 6 million for the land of KRW 7399 square meters, which is owned by the defendant, around May 19, 2016, and completed land adjustment work from May 19, 2016 to May 23, 2016.
Although the Plaintiff asserted that the Defendant agreed on the price of the instant land rearrangement work with the Defendant as KRW 7.95 million, the Defendant asserted that it was only the fact that the Defendant agreed on the price of the instant land rearrangement work at KRW 6,000,000,000. As such, it is insufficient to recognize the fact that the original Defendant agreed on the price of the instant land rearrangement work at KRW 7.95,000,000,000,000,000,000,000,0000,000,000
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 3 million,00,000,000, which is calculated by deducting the amount of KRW 3 million paid by the Plaintiff from the Defendant, out of the 6 million working price of the instant land rearrangement work. (i.e., KRW 6 million - KRW 3 million) and damages for delay.
2. The defendant's defense was proved that the defendant suffered a loss of 3 million won including the above additional construction cost, such as the defendant's additional construction work taking 2.3 million won separately due to incomplete construction works such as the plaintiff's erroneous removal of stones and flat construction work, and thus, if the defendant's damage claim equivalent to 3 million won as the automatic claim offsets the defendant's damage claim amounting to 3 million won against the non-payment of the plaintiff's land rearrangement work, the defendant's claim for damages amounting to 3 million won is not remaining.
The result of on-site inspection by the court of first instance.