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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination on a claim for service payment related to new construction works
A. In relation to the construction of a new building on the land in Gangnam-gu Seoul, Seoul, owned by the Defendant (hereinafter “instant new construction”), the Plaintiff entered into a contract on March 14, 2012 with the service contractor to receive KRW 660,00,000,000, including the construction cost for the construction contractor, and the service contract on March 20, 2012, with the purport that the Plaintiff would be paid KRW 660,000,000, including the construction cost for the construction contractor, with the Plaintiff and the Defendant to complete the construction work, and the Plaintiff fulfilled all the services under the said service contract and performed the duties, including the transfer of trees and the completion of the construction work upon the Defendant’s request.
Therefore, the defendant is obligated to pay the remaining 14,850,000 won (=674,850,000 won-560,000 won) after deducting 560,000 won from the service cost of 850,000 won prior to the service cost of 660,000 won, including the service cost of 660,000,000 won for the service cost of 14,850,000 won for the service cost of 14,850,000 won (=674,850,000 won-560,000 won) and damages for delay.
B. Therefore, as to the conclusion of the above service contract between the Plaintiff and the Defendant, each cover part of Gap evidence Nos. 3-1 (Delegation of construction service contract and cost statement) and Gap evidence No. 31 (agreement agreement and new construction work design drawings) cannot be acknowledged for the following reasons, and there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.
① The above evidence No. 3-1 is the cost accounting statement for the instant newly built construction. The evidence No. 31 is the design drawing. When the Plaintiff and the Defendant concluded a service contract with such important contents, only the total service cost amount is simplified in the cover of the cost accounting statement or the design drawing, instead of using a separate document.