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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The fact that the Plaintiff received a contract with the Defendant for the metal miscellaneous construction work of the inn of the inn of the inn of the Defendant in Ansan-si, Dong-si (hereinafter “instant construction work”) in total amounting to KRW 9,587,000 (excluding surtax) for six times from September 7, 201 to April 30, 201, may be recognized only if there is no dispute between the parties, or if the purport of the entire pleadings is added to the respective statements in subparagraphs A and 3.
2. The parties' assertion
A. The Plaintiff’s assertion received KRW 64 million from the Defendant, and the Defendant is obligated to pay the remainder of KRW 3187 million ( KRW 95.87 million - KRW 64 million) and delay damages therefrom to the Plaintiff.
B. The defendant's assertion that the defendant paid the construction cost of KRW 64.8 million to the plaintiff. Since there are many parts that the plaintiff did not perform differently from the original contract, the plaintiff cannot respond to the plaintiff's claim.
3. Determination
A. The Plaintiff completed the instant construction on April 30, 2012. However, unlike the terms and conditions agreed with the Defendant, the Plaintiff executed the instant construction work only 102m out of 112m and 86m out of 95m of rooftop 95m. The Plaintiff and the Defendant agreed not to perform the construction work. The Plaintiff and the Defendant agreed to exclude the portion of the instant non-construction from the details of the instant construction work; the remaining construction cost is equivalent to KRW 9,374,000 in the event that the construction cost is deducted from the original unit price; the Defendant’s total construction cost of KRW 64.8 million from September 8, 201 to November 28, 2012; or the purport of KRW 4.5 million from September 17, 2011 to KRW 4,500,000 on November 24, 2011 to KRW 36,500,000,000 paid each of the instant non-construction works.
According to the above facts of recognition, the defendant 2,8940,000 won, above 9,3740,000 won - 6.