공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered for payment following the order shall be revoked.
1. Basic facts
A. Around March 28, 2017, the Plaintiff, engaged in the Rotterdam construction business, concluded a Rotterdam construction contract with the Defendant, and the Daegu-gu Seoul-gu Seoul-gu Seoul-gu-gu-gu-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-
B. Around May 19, 2017, the Plaintiff completed construction works under the instant construction contract, and added additional construction works on underground floors, etc. of the said housing.
C. The Plaintiff paid the Defendant the construction price of KRW 23 million by April 26, 2017.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Determination
A. According to the above facts as to the claim for the payment of the construction price under the instant construction contract, the Defendant is obligated to pay the Plaintiff the construction price of KRW 5,942,00 and the delay damages therefrom under the instant construction contract.
B. 1) The parties’ assertion as to the claim for additional construction cost is that while the construction of the third floor of the instant housing was being carried out under the instant construction contract, the Plaintiff prepared and presented a quotation calculated at the Defendant’s request, and the Plaintiff and the Defendant confirmed it and attached it with the instant construction contract document and the instant additional construction contract attached, and the agreed additional construction was completed. As to this, the Defendant did not have affixed or affixed any seal on the additional quotation prepared by the Plaintiff, and the Plaintiff demanded KRW 10,715,000 for the additional construction cost based on a written estimate unilaterally prepared after the completion of the construction work. However, some of them are included in the instant construction contract, or are not included in the instant construction contract without the Defendant’s request, and the Plaintiff’s amount is also unrefilled as well as the contents of the construction work unilaterally by the Plaintiff. 2)