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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Determination as to the cause of claim
A. According to the facts that there is no dispute over the claim for the agreed amount based on the loan certificate, Gap evidence 1, Eul evidence 8-1, and Eul evidence 8-2, and the purport of the whole pleadings, the plaintiff, who carries out the business of paint Do and retail in the name of "C", entered into a subcontract with the defendant who will carry out construction works for remodeling of the apartment located in Busan Young-gu, Busan, for the purpose of subcontracting D, and completed the above construction works (hereinafter "the instant construction works"). On November 9, 2013, when the payment of the remainder of the construction payment to the plaintiff is delayed, the defendant borrowed KRW 20 million from the plaintiff in relation to the payment of the balance of the construction payment of the instant case, and the remaining KRW 10 million from the loan amount to KRW 10 million from November 15, 2013, and KRW 10 million from the loan amount to KRW 300 million from the loan amount to KRW 300,000,0000 shall be deemed to have been paid from the plaintiff's loan 213.
According to the above facts of recognition, the defendant is obligated to pay the remainder of KRW 13 million, excluding the remainder of KRW 7 million repaid out of the debt arising from the loan certificate of this case, and compensation for delay.
B. The party’s assertion 1) The Plaintiff asserts that the Plaintiff is obligated to pay the additional construction cost according to each of the above estimates, in addition to the contract amount under the instant loan certificate, since the Plaintiff prepared a written estimate of construction work, which is equivalent thereto, on November 13, 2013, with the Defendant’s request for additional construction after the instant loan certificate was drawn up.
As to this, the defendant
2.(a)
1 As seen in paragraph 1, the obligation of construction cost stated in each of the above estimates shall be against the defendant.