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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 9, 2014, the Plaintiff entered into a construction subcontract with the Defendant, setting the construction cost of KRW 740,000,000 (excluding value-added tax) and the construction period from June 9, 2014 to March 31, 2015 (hereinafter “instant construction contract”).
B. On January 31, 2015, the Plaintiff completed the instant construction, but did not complete the construction of reinforced concrete (framed structure). However, the Defendant completed this part of the construction, on the grounds that the Plaintiff did not complete the construction of reinforced concrete (framed structure) due to crypting construction, the supplementary work due to the leakage of ready-mixed, and the cleaning work of non-subsub-subsub-sub-sub-sub-sub-sub-sub
C. The Plaintiff received KRW 73,988,749 from the Defendant as the instant construction cost, and received KRW 19,467,755 as value-added tax.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination on the main claim
A. On December 2014, the Plaintiff asserted that the construction work should not be paid due to the increase in the construction cost, and the Defendant promised to pay the Plaintiff additional construction cost.
① Around December 2014, the Defendant agreed to pay KRW 21,024,480 (H 12,186,480, KRW 14,850,00, KRW 743,00, KRW 33,245,000, KRW 345,000), and ② the unpaid construction cost out of the contract price of this case, KRW 6,01,251, KRW 30,000, including the unpaid construction cost, ③ the reconstruction due to soil strings, the additional construction cost due to the strings, and the additional construction cost due to the additional strings, KRW 93,830,00 (including value-added tax8,530,000, KRW 55,30,000, KRW 300, KRW 200, KRW 305,000, KRW 300, May 30, 2014).
Therefore, the Defendant’s tax invoice of KRW 7,700,000 for the Plaintiff’s non-execution portion of KRW 17,230,000, respectively, from the above KRW 93,830,000.