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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On May 28, 2013, the Defendant concluded a contract with the Plaintiff for an external repair work (hereinafter “instant construction work”) of the Chungcheong-gun C Commercial Building (hereinafter “instant building”) owned by the Defendant at KRW 29,70,000 (including surtax).
B. The Plaintiff completed the instant construction work on July 15, 2013, and the Defendant paid the Plaintiff KRW 7,000,000,000, respectively, as the construction cost of the instant case, on May 30, 2013, and on July 1, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including those with a serial number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the claim for the construction cost of this case, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of 12,700,000 won (=29,700,000 won - KRW 17,00,000).
B. 1) The Plaintiff’s assertion on the claim for the additional construction cost is that the Plaintiff is obliged to pay KRW 6,690,00 to the Plaintiff since the Plaintiff entered into a verbal agreement with the Defendant to settle the price at the time of completion of the construction work, and that the Defendant is obliged to pay the Plaintiff KRW 6,690,00,00 for the additional construction cost. 2) The fact that the Defendant agreed to pay the payment to the Defendant upon the Plaintiff’s request for the payment of the price by performing the additional construction work is without dispute between the parties, taking into account the overall purport of the Plaintiff’s arguments or images on the statement or video of evidence Nos. 1 through 4, 6, and 8 of the instant construction contract.