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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Facts of recognition;
A. On April 2016, the Plaintiff was awarded a contract with the Defendant for remodeling (hereinafter “instant construction”) regarding the housing owned by the Defendant on the ground C in Sungnam-si, Sungnam-si.
(hereinafter “instant contract”). (b)
On July 2016, the instant construction project was interrupted due to disputes arising between the Plaintiff and the Defendant regarding the payment of construction cost.
C. Meanwhile, at the Plaintiff’s request from April 28, 2016 to July 18, 2016, the Defendant paid KRW 6,290,000 to the Plaintiff as the price for the instant construction project.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. At the time of the instant contract, the Plaintiff and the Defendant agreed to determine the construction cost of rooftop waterproof construction among the instant construction works as KRW 220,00,000, and to pay the remainder of the construction cost and the labor cost per day to the Defendant.
After that, the construction of this case was suspended at approximately 80%, and in the process, 11,248,460 won as material cost, 8,690,000 won as personnel cost, and 780,718,460 won as separate construction cost.
However, from April 28, 2016 to July 18, 2016, the Defendant paid the Plaintiff a total of KRW 6,920,00,00, and paid the remainder construction cost of KRW 13,798,460 (i.e., KRW 20,718,460 - KRW 6,920,00). As such, the Defendant is liable to pay the Plaintiff the aforementioned KRW 13,798,460 and damages for delay.
(On the other hand, without reducing the purport of the claim, the Plaintiff asserted the total amount of material cost of KRW 11,076,100, labor cost of KRW 8,770,00, and the total construction cost of KRW 19,846,100, through a preparatory document dated May 14, 2019.
The Defendant ordered the instant construction work to the Plaintiff at KRW 20 million, and the Defendant agreed to pay the cost of materials and the cost of daily wages to the Plaintiff, as alleged by the Plaintiff.