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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. Determination on the facts of recognition and related arguments
A. On July 7, 2016, the Defendant entered into a construction contract with the Plaintiff, at the time of residing in the Plaintiff, ordered the construction of the C ground office and detached housing (hereinafter “instant building”) to the construction cost of KRW 300 million.
In regard to this, the defendant asserts that the defendant's husband E is the party to the construction contract of this case, but the defendant is the party to the construction contract of this case and the land owner, was supplied with the materials of this case in the name of D which is the representative, and the plaintiff's subcontractor was paid directly to the plaintiff's subcontractor in the name of D, it is reasonable to see the defendant as the party to the contract, and even if the defendant husband E negotiated with the plaintiff, it is merely the defendant's family or agent, and the defendant'
On the other hand, the plaintiff alleged that he was awarded a contract for the construction of this case in KRW 320 million, but it is not sufficient to admit the allegation only with the statement of No. 1, and there is no other evidence to acknowledge it.
B. 1) The construction of the instant building was interrupted after the completion of the construction of the structural frame of the instant building on October 2016. 2) The ratio of the construction of the instant building built by the Plaintiff is 49.5% [The completed part of the construction cost = KRW 153.8 million / the total construction cost of KRW 310.4 million / the total construction cost of KRW 310.4 million (the total construction cost includes KRW 1.0 million, but the waste disposal cost is deemed to have been recognized to have not been treated even if the Plaintiff had a duty to treat it separately from the total construction cost at the time of appraisal at the first instance trial, and thus, it does not include the total construction cost).
C. The Defendant paid the construction cost, which is the sum of KRW 97,244,80,00, by means of direct payment to the supplier of the materials or subcontracted construction cost used in the instant construction work.