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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendants are the defendants.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates the interior fish business, and the Defendants are owners of Ulsan-gu E Apartment F (hereinafter “instant apartment”).
B. On November 2016, the Plaintiff and the Defendants concluded a contract on the remodeling construction of the instant apartment (hereinafter “instant construction contract”) (hereinafter “instant construction contract”), and the Plaintiff completed the instant construction work around November 30, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff asserts that the construction cost under the instant construction contract is KRW 7,700,000 as stated in Gap evidence 2-2 (Written estimate, hereinafter “instant quotation”). The Defendants asserted that the instant quotation is merely a document prepared by the Plaintiff on January 12, 2017 after the completion of the instant construction project, and that the actual construction cost does not exceed KRW 58,70,000,00 as stated in Eul evidence 2 (written estimate).
B) Considering the following circumstances, it is reasonable to view the construction cost under the instant construction contract as KRW 7,00,00,000 as stated in the instant written estimate, considering the overall purport of the arguments in the evidence Nos. 2, 3, 4, 9, and 5 and 6, as follows. ① The Plaintiff has agreed with the Defendants in submitting a written estimate several times prior to the conclusion of the instant construction contract. In light of the situation where the Plaintiff and the Defendants adjusted the construction cost for the detailed items, it appears that the Plaintiff and the Defendants finally determined the amount as stated in the instant written estimate reduced from a majority of items as the construction cost (each contract was presented in the following order).