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1. The Defendant’s KRW 22,931,80 for the Plaintiff and the following: 5% per annum from June 20, 2018 to November 26, 2019.
Reasons
1. In full view of the purport of the arguments as to the part of the claim for construction cost as to Gap evidence Nos. 1 through 3, evidence Nos. 5, and evidence Nos. 14, and the purport of the entire pleadings as a result of the appraisal commission against appraiser C, the plaintiff, on November 25, 2017, started construction work with the name of "E" as to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the store located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the defendant and the defendant (hereinafter "the construction work in this case"), with the construction cost of KRW 51,00,00 (excluding value-added tax; hereinafter the same shall apply) as to the construction cost as to the construction cost of this case. The plaintiff, among the above construction works, had no agreement between the plaintiff and the defendant with regard to the additional construction cost, the construction work in this case was completed around the end of November 1, 2018, and the defendant up to that time paid the construction cost of this case to the plaintiff as KRW 65 million.
In light of the following circumstances that can be acknowledged by the aforementioned evidence, namely, ① the additional construction work was conducted at the request of the defendant, and it is difficult to find a reasonable ground for the plaintiff to perform the additional construction work on the part of the additional construction work without the defendant’s request, ② there was no express agreement on the construction cost of the additional construction work, but there was an implied agreement between the plaintiff and the defendant to pay the appropriate additional construction cost, such as the plaintiff’s completion of construction works on another shop operated by the defendant even before the instant construction work, etc., it is reasonable to view that the total construction cost, including the additional construction cost that the defendant should pay to the plaintiff, is KRW 79,938,00, which is calculated through the appraisal of this court.
Therefore, the defendant is against the plaintiff.