공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On October 10, 2016, the Plaintiff’s assertion entered into a construction contract for removal and remodeling of the housing owned by the Defendant at the Defendant’s domicile and the amount of construction completed under the said contract is KRW 31,60,000.
However, since the defendant paid only KRW 25,000,000 to the plaintiff, it is obligated to pay the remainder of the construction cost of KRW 6,600,000.
2. On October 10, 2016, the Plaintiff entered into an agreement with the Defendant to perform construction works, such as removal, etc. of the housing for the Defendant and the Defendant. The Defendant paid KRW 25,00,000 to the Plaintiff at the cost of construction may either have no dispute between the parties or be recognized by the purport of the entire pleadings.
However, in light of the following circumstances that can be seen by comprehensively taking account of the presented evidence and the overall purport of oral argument, i.e., ① the Plaintiff agreed with the Defendant to perform the instant construction work at approximately KRW 31,600,00 at the time of entering into the instant contract (However, the Defendant asserts that the construction cost was agreed upon at KRW 30,000), ② the Plaintiff has discontinued the instant construction work before completion, and the Defendant finished the construction work with a considerable amount of money, it is insufficient to acknowledge the facts acknowledged earlier and the evidence submitted by the Plaintiff alone that the amount of the construction work performed by the Plaintiff is KRW 31,60,000,000, and there is no other evidence to acknowledge this.
Therefore, the plaintiff's claim of this case on the premise that the amount of the construction work of this case is KRW 31,600,000 is without merit.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.