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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Design charges of 13,875,00 won for 2 supervision (including VAT) 6,845,000 won for 3 removal expenses of 15,000 won for 4 electricity admission expenses of 4,500,000 won (including measuring instruments) for 10,000,000 won for 2,50,000 for 6 wastewater construction expenses of 29,000,000 for 7 commercial buildings of 720,000,000 won for 8 housing construction expenses of 122,50,000,000 won for 7 commercial buildings of 7,000,000 won for 8 housing construction expenses of 122,50,000 won for 65,000,0000 won for 70,0000 square meters for 10,000 won for 00,000 won for 15,000 won for 105 meters for signboards;
A. By October 2015, the Defendant was running restaurant business in the name of “D” on a single-story building on the land of 488.7 square meters in Nam-gu, Nam-gu, Mapo-gu, Mapo-si.
Around November 2015, the Defendant, as a construction business operator, was the Plaintiff’s spouse and the Defendant’s non-story village Nonparty E, and was the contract cycle for the removal of the above-story building and the construction of the first, second-class neighborhood living facilities and detached houses of reinforced concrete structure (hereinafter “new buildings of this case”). Accordingly, the Defendant received a written estimate from E with the following contents.
B. Since then, the Defendant and E agreed to reduce the total construction cost of the new construction work of this case as KRW 607,50,000 (= KRW 122,500,000,000) on the written estimate to KRW 600,00,000, since only the corporation with the above written estimate Nos. 7 through 9 (hereinafter “the new construction work of this case”) can be executed. As such, the new construction work of this case is a type contractor as to the new construction work of this case. However, the Defendant and E agreed to reduce the total construction cost of the new construction work of this case as KRW 60,00,000 on the written estimate.
Accordingly, on November 2015, the defendant entered into a contract for construction works with F and F as the construction cost of KRW 660,000,000 (including value-added tax) on the condition that the new construction works in this case are to be paid to F and F in a formal manner.
C. Meanwhile, around November 2015, the Defendant: (a) KRW 100,220,000 is the sum of the construction cost according to the written estimate of the remainder of the construction project other than E and the instant new construction project (hereinafter “the instant remainder”).