공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The plaintiff asserts that the defendant should pay to the plaintiff the construction cost of KRW 15 million and delay damages on the ground that the plaintiff completed the construction work by subcontracting the part of outer walls and stairs construction (hereinafter "the construction of this case") among the new construction of the building of the third floor (hereinafter "the building of this case") on the ground of the original city owned by C, the construction of the building of KRW 26 million and received only 15 million out of the construction cost.
In this regard, the Defendant asserted that the Plaintiff only decided to pay KRW 16 million for the instant construction work.
2. In full view of the following facts: (a) there is no dispute between the parties to the instant construction; or (b) the testimony and the purport of the entire arguments by the witness E of the instant court; (c) the Defendant subcontracted the instant construction work to the Defendant upon being awarded a contract by E for the total construction cost of KRW 430 million; (d) the Defendant re-subcontracted the instant construction work to the Plaintiff on October 2015; (c) the Plaintiff completed the instant construction work from around that time to December 2015; and (d) the Defendant paid the Plaintiff KRW 15 million in total, including KRW 500,000 on October 15, 2015 and KRW 16,50,000 on the same month.
However, as to whether the plaintiff was awarded a subcontract for the construction work of this case 26 million won from the defendant, the evidence No. 4 (Written Estimate) that the plaintiff presented to the defendant as the basis for the payment of the price, is denied by the defendant, and there is no content to confirm the defendant's signature or otherwise, and although the plaintiff asserted that "26,000-" was written at the end of that time, it is insufficient to acknowledge the fact of the plaintiff's assertion, and there is no other evidence.
The Defendant already paid KRW 15 million prior to the completion of the instant construction work, and the instant case.