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1. The judgment of the first instance, including the Plaintiff’s claim added by this court, is modified as follows.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a person engaged in metal structure and hold construction business with the trade name “D” in Gangseo-gu Busan Metropolitan City, and the Defendant is a company whose main business is construction and civil construction business in Busan Metropolitan City E. (2) on May 4, 2016, the Defendant contracted the Plaintiff with construction cost of KRW 165,000,000 (excluding value-added tax) for the interior construction work with respect to the Busan Metropolitan Transportation Daegu F Hotel as its main business.
Since June 2016, the Defendant awarded a contract to the Plaintiff for the additional construction cost of KRW 3,730,000 (excluding value-added tax) which adds some windows and related metal parts to the Plaintiff.
(3) The Plaintiff completed the instant construction project as of July 2017, which was the time the instant lawsuit was filed, on May 4, 2015 and around June 2016 (hereinafter “instant construction”). The Defendant paid to the Plaintiff only KRW 148,156,00 (i.e., the progress payment of KRW 110,000,00 for the direct payment of KRW 110,000 for the direct payment of KRW 38,156,00 for the material direct payment of KRW 15,00 for the entire payment of KRW 110,00 for the instant construction project).
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 20,574,000 won (=168,730,000 won = 3,730,000 won) - 148,156,000 won, and the plaintiff is obligated to pay the plaintiff 20,574,000 won for the unpaid construction price, barring special circumstances.
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion caused defects, such as the non-execution portion and the parts erroneously constructed, etc., to the instant construction, and the cost of repairing the defects should be deducted from the construction cost of KRW 20,574,000 claimed by the Plaintiff.
However, since the above defect repair cost exceeds the above 20,574,000 won, the defendant ultimately pays the plaintiff more.