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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. Basic facts
A. On July 27, 2018, the Plaintiff: (a) was a person engaged in tegrative fishery in the name of “C; (b) was awarded a contract from the Defendant for D apartment Egrative construction from July 30, 2018 to August 19, 2018; and (c) concluded a construction contract with the content that the Defendant bears value-added tax on material costs (hereinafter “instant construction contract”).
B. According to the instant construction contract, materials cost for the construction cost accounts are KRW 15,826,762, and labor cost is KRW 6,993,70, and the Plaintiff issued two tax invoices for KRW 15,826,762 and value-added tax for KRW 1,582,675 on August 29, 2018 and September 7, 2018.
C. Meanwhile, from July 31, 2018 to August 13, 2018, the Plaintiff received KRW 23,000,000 as the construction price from the Defendant. On August 21, 2018, the Plaintiff performed the defect repair work upon the Defendant’s request after completing the interior works. On September 5, 2018, the Plaintiff demanded the Defendant to pay the unpaid construction price and additional construction price pursuant to the instant construction contract along with the notification of the completion of the defect repair work.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 17, Eul evidence 1 and 2 (including branch numbers, hereinafter the same), the purport of the whole pleadings
2. Determination on the claim for construction price under the instant construction contract
A. 1) The Plaintiff asserts that the construction cost under the instant construction contract is KRW 26,30,000, and the tax invoice for the portion of the material cost was issued after completion of all the construction works under the contract. As such, the Defendant asserts that the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 4,882,675 (value 1,582,675 (value 26,300,000 value-added tax for the material cost of KRW 26,582,675 - the payment of the construction cost of KRW 23,00,000) and the delay damages therefor. 2) As to this, the Defendant agreed to reduce the construction cost at the time of the instant construction contract, and the Plaintiff was actual.