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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
A. On June 13, 2015, the Plaintiff entered into a construction contract with the Defendant to perform interior works of the housing interior works in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. The main content of the contract is as follows.
* The contract price of KRW 20 million: 6 million for contract deposit - the intermediate payment of KRW 10 million for intermediate payment - the remainder 6 million for intermediate payment - from June 22, 2015 to July 7, 2015, respectively upon completion of construction * Compensation for delay 300,000 won per day delayed in the event that the construction period has not been observed : the Plaintiff’s compensation for delay is suspended on July 4, 2015 by the Defendant on the ground that the construction is executed in another product under the contract under the construction and another product under the construction, and the Plaintiff’s compensation for delay has been received from the Defendant on the ground that the construction has been executed in advance on July 4, 2015, and requested the Defendant to resume the construction, but the Plaintiff did not resume the construction due to the refusal.
Accordingly, the Defendant notified the Plaintiff of the termination of the construction contract on July 6, 2005 and completed the construction work around July 17, 2015 after doing the remainder of the construction work from July 11, 2015.
At the time of the discontinuance of the construction work by the Plaintiff, the construction cost for the portion already executed by the Plaintiff among the instant construction works is KRW 14,890,726, and the construction cost for the portion that was not executed is KRW 8,534,144 in the appraisal document of KRW 1,158,076 in light of other entries in the appraisal document, such as the total cost calculation statement, it appears that the error of KRW 1,358,076 in the calculation statement
The rate of height is 14,890,726 won/(14,890,726 won/8,534,144).
[Ground of recognition] Facts without dispute between the parties, Gap evidence 1, Eul evidence 3, Eul evidence 1-1 to Eul evidence 3-5, Eul evidence 6-1, Eul evidence 6-2, the result of appraisal of construction costs by the court of first instance, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The defendant is obligated to pay 14,384,730 won, which is the remainder after deducting the payment received by the plaintiff, from among the construction cost corresponding to the part executed by the plaintiff.
B. Defendant.