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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Determination as to a claim for the cost of additional construction of camping ground facilities
A. The Plaintiff’s assertion 1) around March 29, 2013, between C and C, the Plaintiff concluded a contract for reinforcement works for the camping ground facilities (safety net, lighting, etc.) of D Middle Schools that the Defendant works as the principal of the school at KRW 5,00,00,00 for construction cost. Around that time, the Defendant entered into an additional construction works for the 46 bench value and drainage installation (hereinafter “instant additional construction works”).
A) The Plaintiff requested for the payment of KRW 23,700,000 among the additional construction costs (the Defendant deposited KRW 5,000,000 among the additional construction costs (the Defendant deposited KRW 3,000,000 on April 27, 2013 into the Plaintiff’s account) and C deposited KRW 20,000,000 among the instant additional construction costs, on June 25, 2013, paid KRW 2,00,000 among the instant additional construction costs.
(2) Since the Defendant paid only the amount of 78,700,000 won and damages for delay, the Defendant is obligated to pay the Plaintiff the amount of 18,700,000 won and damages for delay. (3) Since C, the representative of the H organization claiming the Defendant, in consultation with the Defendant who was the principal of the D Middle School, made a free donation of the facilities in the H organization instead of using the D Middle School Camp, and entered into a construction contract for the facilities in the camping area with the Plaintiff for a total of KRW 78,70,000 including the instant additional construction, and there was no agreement between the Plaintiff and the Plaintiff to conclude the construction contract or pay the construction price.
B. According to the evidence No. 9, the Defendant deposited KRW 3,00,000 on April 27, 2013 into the Plaintiff’s account, but this cannot be readily concluded that the Defendant paid the instant additional construction cost to the Plaintiff (it appears that the Defendant paid KRW 3,00,000 to the Plaintiff according to the building stone construction contract between the Plaintiff and the Plaintiff), and all other evidence submitted by the Plaintiff are considered as a whole.