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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
(2) The Plaintiff transferred KRW 1,50,000,00 to C’s bank account, and KRW 3,000,000,000 on October 29, 2015, to the bank account of E (F) and transferred KRW 4,510,000 on November 4, 2015 to G bank account; and KRW 400,000 on December 9, 2015, the Plaintiff transferred KRW 3,00,000 to H bank account; and the Plaintiff received KRW 3,00,000,000 on October 20, 2015.
Of the 1,500,000 won, C withdrawn in cash the amount of KRW 200,000 on October 22, 2015. ② On October 23, 2015, the amount of KRW 600,000 was transferred to I’s bank account; ③ October 23, 2015, the amount of KRW 40,000 was transferred to J’s bank account.
According to the above facts, in the case of KRW 3,00,000 (net No. 1), the fact that the plaintiff received shall be deducted from the additional construction cost that the defendant should pay to the plaintiff.
Meanwhile, according to the purport of Gap evidence 7-10 and the entire pleadings, it is recognized that K Co., Ltd. (J) supplied the Plaintiff with materials, such as "PG 2753 Taeak 300*600 24, Oct. 23, 2015," with respect to the instant additional construction project, and 400,000 won deposited by the defendant to J among the 1,50,000 won that the defendant paid to C on October 22, 2015, as described in the above disbursement No. 2, shall be deemed to have been paid as the price for the materials supplied by K Co., Ltd., and thus, the above 400,000 won shall be deducted from the additional construction cost that the defendant should pay to the plaintiff.
However, in the case of the above expenditure amounting to KRW 5,010,000 [the sum of KRW 5,100,000 [the sum of KRW 1,500,000 [the sum of KRW 1,500,000 for the K stock company - the amount paid to the K stock company - KRW 400,000] 3.0,000 Nos. 4. 510,000 for the No. 4. 5,000 for the 5,00,000] among the above expenditure amount, the evidence submitted by the defendant alone alone is insufficient to acknowledge that the expenses paid to the plaintiff
Therefore, the above 5,010,000 won cannot be deducted from the additional construction cost that the defendant should pay to the plaintiff.
Therefore, the balance of the additional construction cost that the defendant should pay to the plaintiff is 11.