공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the purport of Gap evidence Nos. 1 through 4 of the judgment on the cause of the claim and the purport of the entire pleadings, the plaintiff and the defendant extended the second floor B to the plaintiff on October 22, 2014, and the defendant concluded a construction contract with the plaintiff to pay the construction cost of KRW 22,60,000 (excluding value-added tax) as the construction cost. The plaintiff thereafter performed construction works on the floor, door door, and tent electricity according to the additional construction contract with the defendant. Accordingly, the total construction cost has been increased to KRW 24,20,00,000; the plaintiff agreed to reduce part of the construction cost with the defendant on December 3, 2014 to pay the construction cost of KRW 22,850,00 (value-added tax separately); the defendant paid only KRW 17,520,000 as the construction price; and the plaintiff completed all construction works under the construction contract and additional construction contract.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 7,615,00 (=25,135,000-17,520,000) and the amount calculated by applying each rate of 20% per annum as prescribed by the Commercial Act from December 4, 2014 to April 9, 2015, the service date of the original copy of the instant payment order, as sought by the Plaintiff.
2. As to the Defendant’s assertion, the Defendant, in order to obtain approval for use, shall obtain a fire-fighting certificate, and to this end, shall be constructed using fire-resistant walls, and the Plaintiff failed to obtain approval for use as a result, so the Plaintiff cannot be deemed to have completed the construction.
However, according to Gap evidence No. 3, the defendant agreed on December 3, 2014, instead of reducing the construction cost with the plaintiff on December 3, 2014, that the non-fire-related construction work completion certificate, etc. shall be held liable to the defendant and that the plaintiff shall not be held responsible for the fire-fighting-related construction work.