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1. Of the judgment of the court of first instance, KRW 11,365,00 against the Plaintiff and its related thereto, from August 12, 2015 to August 25, 2016.
Reasons
1. Determination as to the claim for the refund of construction price
A. The Plaintiff’s agent entered into a contract with the Defendant for the construction cost of KRW 50 million (hereinafter “instant remodelling contract”) with respect to the remodeling (e.g., removal, equipment, straw, electricity, wooden, steel, miscellaneous, roof, hold-out, and singinginging (hereinafter “instant remodeling construction”) of the Guro-gu Seoul Metropolitan Government Housing (hereinafter “instant housing”) owned by the Plaintiff, and paid KRW 29 million as the price. The Defendant asserted that the Plaintiff’s agent suspended and locked the instant remodeling construction work’s only part of the instant remodeling project, and that the Plaintiff’s agent was seeking the return of KRW 29 million and its delay damages that were already paid.
(A) On the other hand, the Defendant asserts that, in the process of the instant remodeling project, the Defendant introduced a specialized company to D, who is the Plaintiff’s attached, and provided labor to the person in charge of managing the said project, as the Defendant introduced the specialized company and received KRW 200,000 per day from December 9, 2014 to December 29, 2014, and that, on behalf of the Plaintiff, KRW 29,000,00 which was paid from the Plaintiff, did not receive as part of the construction cost, the Plaintiff did not receive as part of the construction cost.
B. As to who is the party to the instant remodelling project, and whose rescission (1) is the party to the contract, first of all, if the intent of the actor and the other party coincide, the offender or the title holder shall be determined as the party to the contract according to the same intent. If the intent of the actor and the other party are not in accord, the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and conclusion