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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. According to the evidence evidence No. 1, the Plaintiff entered into a contract with the Defendant around February 2015, under which he/she entered into a contract with the Defendant to carry out the tegyptian construction work and receive KRW 32,580,000 (Additional Tax), and completed the tegyptian construction work (hereinafter “instant construction work”) around March 2015.
2. The plaintiff asserted that the construction work of this case was not executed with a 4,810,00 won for the construction work of this case. In addition to the construction work of this case, 110,000 won for the elevator usage fee of 30,000 won for the elevator, 70,000 won for the building, 80,000 won for the building, and 60,000 won for the construction and reconstruction of the living room, and 1,610,000 won for the total of 30,000 won for the building of this case (i.e., 110,000 won for 30,000 won for 70,000 won for 80,000 won for 60,000 won for 60,000 won for the construction work of this case, 29,380,000 won for the construction work of this case).
However, since the Defendant paid only KRW 24,200,00 to the Plaintiff, the remainder of KRW 8,118,000 (=32,318,000 – 24,200,000) and damages for delay shall be paid.
3. There is no evidence to acknowledge that the Plaintiff paid additional construction cost equivalent to KRW 1,610,00,000, while the Plaintiff was a person who had failed to perform construction works for the 4,810,000 for the 24,200,000 for the construction cost and received KRW 24,20,000 for the construction cost.
In addition, in full view of the purport of the entire pleadings in Eul evidence No. 4, the defendant paid 5,000,000 won to the plaintiff as down payment can be recognized.
Therefore, the Defendant’s payment of KRW 1,347,00 (=27,770,000 (i.e., construction payment of KRW 32,580,000) value-added tax of KRW 2,777,810,000 (i.e., non-construction payment of KRW 4,810,00) - KRW 5,000 received contract deposit - KRW 24,200,000), and as sought by the Plaintiff, a copy of the instant complaint.