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. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance against the Plaintiff (designated parties, hereinafter “Plaintiff”) and the designated parties, except as otherwise determined in paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the Defendant’s assertion is KRW 47,652,707, the unpaid construction price for the Plaintiff is KRW 47,652,707, and there was no unpaid construction price for the Appointed B (or paid in excess of KRW 4,037,00,00). The unpaid construction price for the Appointed Ho Ho Ho-ho Industry Co., Ltd. is KRW 44,883,123, and the amount payable for the Appointed D is KRW 44,746,480.
B. The Defendant, on August 28, 2015, prepared the instant confirmation document stating that the unpaid construction cost for the Plaintiff and the Appointors was the same as the amount recognized earlier after the completion of the instant construction work, as well as that for the first time during the trial, the Defendant did not dispute the amount of the unpaid construction cost itself and did not disclose his/her intention of mediation based on the amount (Article 8 through 12). Therefore, it is difficult to recognize that the unpaid construction cost was the amount claimed by the Defendant solely based on the evidence submitted, such as the evidence submitted in Articles 8 through 12, etc.
Therefore, the defendant's argument cannot be accepted.
3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.