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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 cancelled.
Reasons
1. The following facts may be acknowledged respectively by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1-1 to 7.
The plaintiff completed the business registration with the trade name of "D" in Ansan-si, Ansan-si, and is engaged in the business of Changho Construction, etc., and the defendant has completed the business registration with the trade name of "F" in the above E and conducts the business of interior works and the cleaning of buildings.
B. On August 14, 2014, the Plaintiff entered into a subcontract for construction (hereinafter “instant subcontract”) with the Defendant, with the content that the construction cost for the instant construction work is KRW 34,100,00 (including value-added tax) and the construction period is to be subcontracted under each agreement from August 15, 2014 to August 30, 2014, among the damage restoration works caused by fire in Seocho-gu Seoul Building (hereinafter “instant building”).
C. The Plaintiff completed the instant construction project under the instant subcontract on September 20, 2014.
2. Summary of the parties' arguments;
A. In addition to the execution of the instant construction work under the instant subcontract, the Plaintiff, at the Defendant’s request, performed additional construction works, such as the installation of back-to-date and the first floor reinforcement glass, the removal of the second floor glass, and the removal of central air-proof rooms (hereinafter “the instant additional construction”).
Accordingly, the Plaintiff paid a total of KRW 38,669,576 (i.e., the instant additional construction cost of KRW 34,100,000), and the Defendant paid only KRW 25,640,00 among them.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 13,029,576 (i.e., KRW 38,669,576 - KRW 25,640,000) and delay damages.
B. The instant construction cost and additional construction cost asserted by Defendant 1.