공사대금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following order for payment.
1. The plaintiff is a company running indoor construction business, etc., and the defendant is a company running construction business, etc.
(2) On August 10, 2017, the Plaintiff was requested by C, a representative of the Defendant’s oral, to perform the astronomical Work among the astronomical Work and the remodeling Work for the F Performance Hall Division Division Division Division of the D Elementary School (the Defendant received the above construction from E) among the toilet Improvement Work for D Elementary School (the Defendant received the above construction from E).
(3) On August 15, 2017, the Plaintiff submitted a written estimate of construction cost of KRW 210,000 (including value-added tax) to the Defendant on August 15, 2017.
The Plaintiff prepared a written estimate on the premise that the materials of the YC are to be constructed as plastic (SMC). The Plaintiff prepared the said quotation on the premise that the materials of the YC are to be constructed as plastic (SMC).
(4) The Defendant, without preparing a written contract on August 16, 2017, left the Plaintiff with the instant construction work in charge (hereinafter “instant construction contract”); and referring to the SMC SMCcheon Dripyle, which the Plaintiff sent to a mobile phone, notified the Plaintiff of the size, design, color, etc. of the natural burial site after choosing it.
(5) From August 16, 2017, the Plaintiff commenced the instant construction, and was requested by the Defendant to change the materials of the ceiling to be constructed at the D Elementary School into Aluminium, not SMC.
Accordingly, the Plaintiff sent a written estimate to the Defendant, reflecting the cost of materials changed on August 17, 2017 and the cost of installation and removal of the SMC natural materials that began to be installed, to change the construction cost to 26,532,00 won (including value added tax).
(6) As the above increase in the construction cost, the Plaintiff urged the Defendant to deliver a written contract for construction and sent to the Defendant a text message stating that the construction work shall be suspended until the contract is received.
(7) On August 19, 2017, the Defendant paid KRW 9 million to the Plaintiff as the down payment of the instant construction work.
(8).