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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 23, 2013, the Plaintiff (contractor) entered into a contract with the Defendant (contractor) for the “construction and waste disposal works” located in Jung-gu, Daegu-gu (hereinafter “instant construction works”).
Value of waste concrete transport and disposal cost to 450,000 5,400,000 mixed waste treatment transport cost 30,000,000 m31,066,000 m. total of removal cost (including value-added tax)
B. The items related to the instant case are as follows in the written estimate prepared and submitted by the Defendant to the Plaintiff during the process of concluding the said contract (hereinafter “written estimate”).
C. On October 8, 2013, the Defendant completed construction under the said contract, and the Plaintiff paid KRW 11,066,000 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The plaintiff alleged in the parties to the contract of this case predicted that waste concrete will incur 450 tons of waste concrete under the contract of this case, and the defendant submitted a written estimate calculated by the amount of KRW 5,400,000 (=450 tons x 12,000). The plaintiff paid the construction price accordingly to the defendant.
However, the Defendant asserts that the 3,393,960 won (=5,400,000 won - 2,006,040 won (=167.17 tons x 12,00 won) paid to the Plaintiff in excess of the 3,393,960 won for the transportation and disposal of waste concrete and its delayed payment should be refunded to the Plaintiff.
In this regard, the Defendant, in addition to transporting and treating dump trucks 15 quantity waste concrete, transported and disposes of dump trucks mixed wastes. ② The quotation of this case submitted by the Defendant is limited to reference materials to calculate the cost of construction, and the contract of this case is concluded by fixing the cost of construction as KRW 11,06,000.