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1. The judgment of the court of first instance is modified as follows.
The Defendant’s KRW 103,272,690 on the Plaintiff and November 9, 2016 on the Plaintiff.
Reasons
1. The parties' assertion
A. Plaintiff 1) On September 21, 2016, with the Defendant, KRW 220,00,000 (contract deposit amount of KRW 8,800,000) for interior remodeling works of Seocho-gu Seoul Metropolitan Government C building D, with the Defendant, for the same year as the first intermediate payment of KRW 35,20,000 on August 31, 2016; and
9. In 22. The second intermediate payment of KRW 132,00,000 was agreed to pay the balance of KRW 44,00,000 on October 14 of the same year, and the balance of KRW 44,00,000 on November 8, 2016.
(A) The term of construction from September 19, 2016 to October 28 of the same year (hereinafter “instant contract”).
(2) The Corporation (hereinafter referred to as the “instant Corporation”) shall enter into the
The Plaintiff completed the construction work. Nevertheless, the Plaintiff did not receive KRW 44,00,000 from the Defendant. (2) The Plaintiff was performing the instant construction work at the Defendant’s request and did not receive KRW 75,472,389 for the additional construction work (hereinafter “instant additional construction”).
Specifically, as a result of the appraiser’s appraisal on May 10, 2019 (attached Form 2; hereinafter “the second appraisal result”), the additional construction cost is KRW 79,653,841, and the amount of the deducted construction cost is KRW 8,935,927, and the adjusted construction cost is KRW 70,717,914 (i.e., KRW 79,653,841 - KRW 8,935,927) (i.e., KRW 79,653,841 - 8,935,927). Even if the appraisal result is based on the above appraisal result, the items of “the front image of TV of the living room in 06 and the substitute stone and auxiliary materials in 07 are already calculated from the appraisal of the defect repair cost of the instant construction project, and thus, the construction cost of the construction project cannot be deducted (see the second appraisal result of the appraisal result of the appraisal).
Therefore, the amount of the reasonable settlement of the instant Additional Corporation is KRW 75,472,389 (=79,653,841) - 4,181,452).
If the instant additional construction works are not recognized, the Defendant shall be the Plaintiff.