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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. The Defendant received a contract from the Korea Land and Housing Corporation for the 53 houses belonging to the socially disadvantaged class at the time of public housing (hereinafter “instant construction”). On November 10, 201, the Defendant subcontracted the said construction to the Plaintiff at KRW 150,000,000 for the construction cost.
(hereinafter “instant subcontract”). (b)
The Plaintiff commenced the instant construction work on November 10, 201, and thereafter, the Plaintiff and the Defendant agreed to execute the instant construction work by another construction business operator who is not the Plaintiff, and agreed to change the construction cost of the instant construction from the original construction cost of KRW 150,000,000 to the remainder of KRW 106,000,000, excluding KRW 444,000,000.
C. While the Plaintiff was running the instant construction, the Defendant expressed to the Plaintiff that he would directly perform part of the instant construction work, and the Plaintiff only performed the remaining construction work, excluding the portion that the Defendant would directly perform, and completed that construction at the end of January 2012.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of claim
A. The plaintiff asserted that the plaintiff and the defendant set the construction cost for the part of the construction in this case executed by the plaintiff at KRW 53,00,000,000, and the defendant asserted that the plaintiff should pay the remainder of the construction cost 19,893,052, excluding the construction cost and the warranty bond already paid to the plaintiff, and that the plaintiff and the defendant set the construction cost for the above part at KRW 34,787,506, not the 53,000,000, not the 54,787,506, and that the defendant'
B. The following circumstances can be acknowledged in light of the overall purport of Gap evidence 2-1 to 14, Gap evidence 3-1 to 9, Gap evidence 4, Eul evidence 1, and the whole pleadings.
1. The Plaintiff