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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On May 2018, the Plaintiff and the Defendant entered into a contract with the Plaintiff for remodeling and indoor interior interior interior interior interior interior interior interior interior interior interior interior decoration (hereinafter “instant construction”).
B. Around June 2018, the Plaintiff started construction and completed the instant construction in July 2018, and completed the construction in that process, additional construction was conducted for the 2,3rd floor removal works, 2, and 3th floor toilet construction works (tail, tent, furniture, fish, etc.), 3rd floor toilet construction works, 2nd floor toilet sanitary painting construction, 1st floor household construction, and lighting construction (hereinafter “instant additional construction”).
C. Around August 2018, the Plaintiff removed the number 2, 3rd floor number, studs, and toilet receipt room, etc. of the said building, which caused disputes concerning the determination of the construction cost of the instant additional construction project with the Defendant.
Meanwhile, the construction work of this case and the additional construction work of this case calculated except the above removal portion are KRW 76,575,899.
E. From May 29, 2019 to July 10, 2017, the Plaintiff paid the Defendant a total of KRW 59 million on five occasions during the period from May 29, 2019 to July 10, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 8 (including both the paper numbers), the result of the commission of appraisal to appraiser D by the court of the first instance, the purport of the whole pleadings
2. Determination
가. 공사대금 청구에 대하여 (1) 당사자 주장의 요지 ㈎ 원고 원고와 피고는 이 사건 공사 및 추가공사와 관련하여 공사대금 총액은 정하지 않고, 실제 공사에 소요된 자재비 및 인건비와 그 금액에 원고의 이윤 9%를 추가한 금액을 공사대금으로 약정하였다.
Therefore, the Defendant is liable to pay the Plaintiff the remaining construction cost of KRW 17,575,89,00,000,000 for the construction work of this case and additional construction cost of KRW 76,575,89, deducted from the paid amount of KRW 59 million.
㈏ 피고 원고와 피고는 이 사건 공사의 공사대금을 6,000만 원으로 정하였고, 이 사건...