공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
1. The parties' assertion
A. On August 2017, the Plaintiff concluded a contract with the Defendant for the stone construction work at the floor of B apartment C-dong entrance (construction cost of KRW 3,135,00) and the database construction work (construction cost of KRW 3,575,000, including value-added tax) before D-dong, but the Defendant did not pay the construction cost.
B. Defendant 1) Although there was no fact that the Defendant contracted the B apartment C’s stone construction to the Plaintiff, the Plaintiff performed construction works with the belief of only the verbal promise of some of the residents entering the Cdong. Therefore, the Defendant is not obligated to pay the price. (2) The Plaintiff was awarded a contract from the Defendant from June 1, 2017 to July 15, 2017, but did not perform the construction works for the tree protection zone in B apartment.
Accordingly, in lieu of the installation of a tree protection zone, the plaintiff tried to allow B apartment D's construction before the Dong.
Therefore, the defendant is not obliged to pay separately the construction cost of the container.
2. Determination
A. As to the claim for the construction price of stone at the entrance floor of B apartment C, it is not sufficient to recognize the above construction cost only by the descriptions or images of evidence Nos. 1, 2, 5, and 6, as to whether the Defendant contracted the above construction to the Plaintiff, and there is no other evidence to acknowledge it.
(A) Around June 1, 2017, the Plaintiff asserted that the construction work was performed only by the Defendant’s oral instruction without preparing a separate contract, but no evidence exists to prove that the Defendant made a verbal instruction to the said construction work. The Plaintiff’s assertion on this part cannot be accepted.
B. In full view of the respective descriptions or videos of the evidence Nos. 2 and 3 as to the claim for construction price of B apartment DDD D (part of acceptance) around August 2017, the Plaintiff contracted the above construction from the Defendant on and around August 2017, and the fact that the price was KRW 3,575,000, including value-added tax.