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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The Plaintiff asserted that the Defendant received a contract from the Defendant for the civil works for constructing a building on a lot of 626 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, with the construction cost of KRW 43,883,00 (including value-added tax) and completed the construction work.
In addition, when the Defendant received an order for restoration of part of the part of the construction work from the competent authority, it promised to pay the Plaintiff all of the construction cost to the original state. Accordingly, the Plaintiff completed the restoration work with the expense of KRW 3,500,000, and paid KRW 1,136,000 on behalf of the Defendant during the instant construction work.
However, since the Defendant paid only KRW 30,000,000 as the construction cost, the Defendant is obligated to pay the Plaintiff the total of KRW 18,519,000 for the construction cost unpaid, etc. (i.e., the construction cost of KRW 43,883,00 for the restoration to its original state of KRW 3,50,000 for the construction cost of KRW 1,136,000 for the construction cost of KRW 30,00 for the fixed construction cost of KRW 30,000 for the fixed
2. Each statement of Gap evidence Nos. 1 and 10 (including each number), the plaintiff performed the construction work beyond the corresponding part of the construction cost, and the plaintiff completed the restoration work.
The fact that the Defendant agreed to pay the construction cost to the Plaintiff, and the fact that the Plaintiff paid the construction cost to the Plaintiff on behalf of the Defendant is insufficient to recognize that the Plaintiff paid the construction cost, including the water supply cost to be borne by the Defendant
Therefore, the plaintiff's assertion is without merit.
3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.