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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On March 23, 2016, the Plaintiff was awarded a contract with the Defendant for construction, such as interior, etc. on the car pages in the Defendant’s wife population D (hereinafter “instant contract”) and completed the said construction on April 24, 2016, which was known to Nonparty C as the introduction by Nonparty C.
B. From March 24, 2016 to May 31, 2016, the Defendant paid the Plaintiff KRW 13 million in total as construction price under the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff and the Defendant agreed to the construction cost of the instant contract amounting to KRW 31 million verbally. As such, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 18 million and delay damages therefrom. (2) The Defendant agreed with the Plaintiff and the Defendant on the construction cost of the instant contract at KRW 15 million, and considered the additional construction cost as KRW 5 million.
Since C has increased the construction amount by KRW 31 million with the Plaintiff without the Defendant’s permission, the Defendant cannot respond to the Plaintiff’s request.
B. Determination 1) We examine the following facts in full view of the following facts: (a) No dispute exists between the parties, or evidence Nos. 1, 3 through 5, and evidence Nos. 5 and 6 (including a serial number), and the testimony of the witness of the first instance trial; and (b) in full view of the overall purport of the pleadings, C was involved in the conclusion of the instant contract and the process of the construction. At the first instance trial, C testified that the Plaintiff and the Defendant agreed to set the construction cost of the instant contract at KRW 25 million in total at KRW 31,00,000,000 after the Defendant’s additional construction work (in addition, upon the demand of external test, KRW 31,00,000,000 in total).
② On July 19, 2017, the Plaintiff did not pay any balance of KRW 18 million to the Defendant.