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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The plaintiff's assertion
A. A. Around May 2016, the Plaintiff entered into a verbal agreement with the Defendant with regard to Dwork (including value-added tax) located in Chungcheongnam-gu, Chungcheongnam-gu, 2016 (including value-added tax) and additional work (including value-added tax) such as E, etc., separate from E, with a view to reducing KRW 6,600,000, and finally, the Plaintiff finally entered into a contract with the Defendant with the Defendant to contract for KRW 114,40,000 in total with the Defendant.
The Plaintiff received the future settlement from the Defendant, and disbursed the total of KRW 3,957,305 (hereinafter “contractual construction cost”) including the cost of materials and expenses related to the additional construction.
B. On the other hand, on June 30, 2016, immediately before completion of the construction work, the Plaintiff received a notice from the Plaintiff’s worker to the safety manager during the on-site work, ordering him/her to complete the full-time withdrawal at the site.
C. From June 28, 2016 to September 30, 2016, the Plaintiff received total of KRW 102,300,000 from the Defendant and the construction cost related to construction.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 12,100,000 (=total of KRW 114,40,000 - total of the agreed construction cost of KRW 102,30,000) and the agreed construction cost of KRW 16,057,305 in total of the agreed construction cost of KRW 3,957,305.
The Plaintiff, at the construction site, had been at least 95% to 96% at the time of withdrawal, and the amount of KRW 102,30,00,00, which was received, is equivalent to about 89% of the contract amount. As such, at least the amount of construction cost equivalent to about 4,00,000 to KRW 5,00,00, which is at least the cost of construction work equivalent to the amount of 4,00,000 or KRW 5,00,000, which is the cost of construction as stated in the purport of the claim, shall be cited. However, this is deemed to be included in the assertion on the total amount of the remainder of construction
2. The judgment was examined, the evidence submitted by the Plaintiff alone completed the construction work that the Plaintiff received in relation to the construction work, and the construction cost as alleged by the Plaintiff against the Defendant.