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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties’ assertion that around the beginning of March 2013, the Plaintiff: (a) received from the Defendant a supply of KRW 37 million for the cost of construction among the new construction of the instant housing site C (hereinafter “instant housing”); and (b) completed construction from March 8, 2013 to April 5, 2013; and (c) the Defendant paid only KRW 30 million for the construction cost, and thus, (d) the Defendant is obliged to pay the Plaintiff the unpaid construction cost of KRW 7 million.
As to this, the Defendant: (a) contracted the instant new housing construction project to D; (b) subsequently performed the instant housing construction project; and (c) the Defendant only paid KRW 30 million to the Plaintiff upon request by E; and (d) the Defendant did not directly conclude a contract with the Plaintiff on the instant construction project or set the construction cost at KRW 37 million.
2. As to whether the Plaintiff and the Defendant agreed on the construction cost of this case at KRW 37 million, it is not sufficient to view that the Plaintiff and the Defendant determined the construction cost of this case at KRW 37 million merely based on the written estimate prepared by the Plaintiff, and there is no other evidence to acknowledge otherwise.
Rather, according to the evidence Nos. 2 and 5-1 of the evidence Nos. 5-1, the Defendant remitted to the Plaintiff KRW 10 million on March 7, 2013, KRW 20 million on March 14, 2013, KRW 20 million on April 22, 2013, and KRW 180,000 on April 22, 2013, and KRW F participated in the new construction of the instant house upon the Defendant’s request, and the Defendant was required to confirm the completion of the construction and transfer the construction directly to the Defendant. The Plaintiff did not have any balance of the construction cost between the Plaintiff and E. The Defendant stated that the Plaintiff paid additional construction cost to the Plaintiff. Accordingly, according to the above facts acknowledged, the Plaintiff stated that “The Plaintiff was aware that the Plaintiff paid additional construction cost of KRW 1,400,000 on the 3rd Ethical and the teth floor bed.”