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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On September 2, 2017, Plaintiff A entered into a contract for construction works with the content that the construction cost is KRW 25 million with respect to four containers of D companies and one toilet painting work in the Defendant and Nalyria local area.
B. On the same day, Plaintiff B and the Defendant entered into a contract for construction works with each of the following terms: (i) the instant four container and one toilet; (ii) the production and construction of two tables; and (iii) the joint construction of the interior floor and the installation of the studio project (in the case of third execution, the construction cost shall be calculated on a daily basis as KRW 1.5 million per additional day in the case of construction; and (iii) the construction cost shall be calculated as KRW 62,80,000 per additional day).
(hereinafter referred to as the “instant contract”) with the general term of the said contract for construction works C.
After that, while performing each of the above construction works, Plaintiff A received a contract with the Defendant for the portion of the painting construction work, which was additionally executed by the Defendant, as the construction cost of KRW 4.5 million.
In addition, the plaintiff B and the defendant agreed that ① construction of the interior floor of the above "construction of the interior floor and the construction of the scambry", ② construction of the interior floor of the D company's office remodeling work in lieu of the scambry construction work in the initial contract for construction work, ③ additional construction of the D company's office remodeling work, ③ additional construction of the 1.5 million won per day, ③ construction of the C company's 40,000 won, and thereafter, construction of the above 1.5 million won was required.
E. On October 24, 2017, the Defendant paid KRW 15 million to Plaintiff A, and paid KRW 5,458 million in total to Plaintiff B from September 20, 2017 to February 2, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, the purport of the whole pleadings
2. Although the plaintiffs' summary of the plaintiffs' claims completed all of the construction works stipulated in each of the contracts of this case and the construction works additionally contracted by the defendant, the defendant paid only part of the construction price and paid the remainder of the construction price.