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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. The summary of the Plaintiff’s assertion and its determination on it are that the Plaintiff paid KRW 48.5 million to the Defendant while carrying out the personal seal construction of Daegu D Apartment E, Daegu, which is owned by the denying Party C, but compared with the quotation (Evidence A5) (Evidence A), the Plaintiff should receive KRW 5,700,000 from the Defendant, which deducts the aggregate of KRW 390,000 from the cost of construction, and KRW 6,54,000 from the Defendant, in comparison with the quotation (Evidence A).
First of all, in light of the whole purport of the pleadings, the cost of attached park and Doll Crest is written in a written estimate of KRW 5 million, but the Plaintiff may recognize the fact that the Plaintiff actually paid 5.7 million on behalf of the Defendant. As such, 5.7 million won is recognized as the amount of substitute payment.
(A) The Defendant asserts that only KRW 5 million should be recognized on the written estimate in the case of attached 20,000 in the case of attached 20,000,000. However, there is no evidence to prove that the Plaintiff purchased products of a high-priced product different from the written estimate, and the difference arising therefrom is reasonable for the Defendant to bear.
In the case of the difference in floor materials construction, the defendant recognized only KRW 740,00,00, and there is no evidence to prove that the plaintiff was to receive the whole difference from the defendant, thereby recognizing KRW 740,00.
C. The non-construction E.C. 350,000 won is recognized as the Defendant, and thus, 350,000 won is recognized.
Therefore, the defendant should pay to the plaintiff the amount of 6,210,000 won [5,700,000 won 740,000 won - 50,000 won - 580,000 won] and delay damages.
2. The defendant's defenses against the defendant is as follows: ① KRW 2,50,00 out of the construction cost specified in the Gap evidence 5 (A), ② KRW 2,480,00 of the additional construction cost specified in the Eul evidence 1 (additional estimate); ③ KRW 970,00 of the waste disposal cost (Evidence 5 and 6); ③ KRW 970,00 of the additional construction cost; KRW 1,140,00 of the additional construction cost.