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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. On September 17, 2014, the Plaintiff entered into a subcontract with the Defendant during the period from September 17, 2014 to November 17, 2014, with the payment of the construction cost of 36,50,000 won, and the construction period from September 17, 2014 to November 17, 2014, and completed all of the construction works of lodging base, etc.
In the process of the construction of the instant case, the Plaintiff implemented additional concrete construction works on the first floor floor of the instant housing as ordered by the Defendant.
The Plaintiff was paid KRW 30,000,000 as the construction price by the Defendant.
[Ground of recognition] Facts without dispute, Gap's statements and images, Gap's witness E in a trial, the purport of the whole pleadings
2. Determination
A. Determination as to the cause of the claim 1) The facts as seen earlier, Gap evidence Nos. 7, 8, Eul evidence Nos. 9-1, 2, and Eul evidence Nos. 4, which can be acknowledged by comprehensively taking into account the overall purport of the pleadings, namely, the following circumstances: (a) although the plaintiff failed to complete the construction work of the instant construction work, it appears to be attributable to the plaintiff's failure to supply concrete that the defendant would supply pursuant to the instant construction contract; (b) The main part of the instant construction work is related to the construction of a new house, and it seems that the Plaintiff's failure to supply a new house, and the portion of the construction work of the instant case is not limited to the portion related to the construction work of the instant case; and (c) it is reasonable to deem that the subcontracted construction work of this case by the plaintiff was completed by social norms, and thus, the Plaintiff may claim against the defendant for the payment of construction price not to be paid by the construction work of this case.