공사대금
1. The judgment of the court of first instance is modified as follows.
The Defendant’s KRW 3,92,986 to the Plaintiff and its related costs on January 24, 2017.
1. Basic facts
A. On May 2, 2016, the Plaintiff engaged in a building business: (a) concluded a contract with the Defendant for remodeling construction works for the first floor of the Daegu Suwon-gu C Ground Housing owned by the Defendant; (b) KRW 18,600,000 for construction cost; and (c) completed the construction works around June 2, 2016, upon entering into an oral contract with the Defendant for remodeling works for the purification facilities.
(2) The Plaintiff completed the construction work from June 14, 201 to June 21, 2016 after having received a verbal contract from the Defendant without setting the construction cost, and the Plaintiff spent KRW 790,000 as the cost of removal of the existing stairs for the said construction work (hereinafter “the second stairs work”).
From May 11, 2016 to July 25, 2016, the Defendant paid the Plaintiff totaling KRW 17,000,000 to each construction cost.
Meanwhile, according to the appraisal result of the appraiser D of the first instance trial, the construction cost incurred in addition to the removal cost of the existing stairs for the second stairs is KRW 2,882,00.
[Ground of recognition] A without dispute, Gap evidence 2, Gap evidence 4 through 8, Eul evidence 1 (including the number of each issue), additional construction cost of the appraiser D and the result of appraisal of defect repair costs, the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff’s assertion 1) The Plaintiff was awarded a subcontract for the primary remodeling work from the Defendant to KRW 18,600,000 for the construction cost, and the need for additional construction work equivalent to KRW 3,448,00 among the construction drawings was incurred. The Defendant agreed to bear KRW 2,00,000 among the additional construction cost, and the remainder was borne by the Plaintiff. 2) The Plaintiff was awarded a contract from the Defendant for KRW 6,490,00 for the secondary stairs construction work.
3) Therefore, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 27,090,000 (i.e., the first remodeling construction cost of KRW 18,60,000 for additional construction cost of KRW 2,00,000 for secondary stairs construction cost of KRW 6,490,00 for the Plaintiff, and the Defendant is obligated to pay KRW 17,00 for the secondary stairs construction cost.