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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 August 12, 2015, the Defendant received a contract for the closed air and new installation works from a lot construction, and around that time, concluded a verbal contract with the Plaintiff for the total construction cost of KRW 9 million.
(B) The above construction work is “the instant construction work” and the instant subordinate contract between the Plaintiff and the Defendant (hereinafter “instant construction contract”).
The instant construction contract was concluded on the premise that the government administration required to abolish the construction project is two large public offices and one small public office.
【Ground for recognition: Facts without dispute】
2. The parties' assertion
A. The initial contract amount of the Plaintiff’s instant construction contract was KRW 9 million, but thereafter, an agreement was reached to increase the contract to KRW 12 million as a result of adding to the closure installation works to the cninf. Accordingly, the Defendant is obligated to pay the Plaintiff the additional tax amount of KRW 13.2 million (= KRW 12 million x 1.1).
B. There is no agreement between the plaintiff and the defendant on the increase of construction amount.
3. Determination on the cause of the claim
A. The following facts are the absence of a final dispute over the construction amount, Gap evidence 3, Eul evidence 1, and Eul evidence 1, the testimony of the witness of the court of first instance, and the following facts that can be acknowledged as the whole purport of the pleadings, i.e., the defendant's statement that the closing cost is KRW 4,30,000,000 in the quotation submitted by the witness of the court of first instance on August 12, 2015 (Evidence No. 1). ② The defendant's statement that the construction work cost was 4,30,000,000 won in the construction work statement (Evidence No. 3) submitted by the Roy Construction on November 30, 2015. The closing cost was reduced to KRW 4,300,000,000,000,0000,000,0000,000 won, which was not in the quotation of August 12, 2015.
In this case, the instant construction contract.