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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On November 2015, the Plaintiff entered into a verbal agreement with the Defendant on the external construction of the Defendant’s housing owned by the Defendant (hereinafter “instant housing”) (hereinafter “instant construction”) located in the wife population C (hereinafter “instant construction”) (hereinafter “instant contract”).
B. On October 27, 2015, the Defendant paid KRW 7,800,000 for external recontract funds, which are directly material companies, and KRW 8,100,000 for external recontract funds, and KRW 6,380,00 for supplementary materials.
C. On December 4, 2015, the Plaintiff prepared and sent to the Defendant a written estimate of KRW 14,492,500 (excluding value-added tax) for the construction cost of the instant construction project, and the Defendant paid KRW 5,000,000 to the Plaintiff on the same day.
The instant corporation was completed around December 10, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 2 through 5 (including each number, if any) and the purport of the whole pleadings
2. Determination
A. As to the cause of the claim, the Plaintiff asserted that the Plaintiff agreed to pay KRW 5,00,00 to the Plaintiff the total construction cost of the instant construction cost of KRW 13,175,00,00; the Defendant paid KRW 800,000 to the Plaintiff; and the Defendant is obligated to pay the remainder of the construction cost of KRW 7,375,000 to the Plaintiff. Accordingly, the Defendant agreed to pay the total construction cost of the instant construction cost of KRW 29,00,000 in the name of the Plaintiff. The Defendant asserted that the Defendant paid KRW 7,80,000 for the total construction cost of the instant construction cost of KRW 8,10,000 in the name of the Plaintiff, and KRW 6,380,000 for non-materials materials cost of the instant construction cost of KRW 5,000,000 for each of the following construction cost of KRW 27,200,000 for each of the appraisal cost of KRW 26,27,265,200