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1. The Defendant’s KRW 2,920,864 as well as 5% per annum from April 10, 2018 to January 8, 2020 to the Plaintiff.
Reasons
1. Basic facts (1) The Plaintiff operates the interior business with her husband C, which is called “D” with her husband C, and the registration of business is made in the name of the Plaintiff.
② On March 2016, the Plaintiff concluded a remodeling construction contract, verbally, with the Defendant, with respect to the first underground floor and the second floor and the second floor of the ground located in Dongdaemun-gu, Seoul (hereinafter “instant housing”) located in Gangnam-gu, Seoul (hereinafter “instant housing”).
(3) The Plaintiff and the Defendant agreed to increase the construction amount for the additional construction works from June 2016. The Plaintiff and the Defendant agreed to increase the construction amount for the additional construction works. Meanwhile, the Plaintiff asserted that there was a “the primary construction contract” between the Defendant and the Defendant, which stipulated the construction amount of approximately KRW 175 million.
④ On the other hand, after the completion of the instant construction, there was a defect that requires remuneration, such as leakage and rupture, from February 2017 to February 201.
On March 4, 2017, the Plaintiff’s husband C and D’s employees F were found to be the Defendant, and “The second floor flood control was committed after January 1 and 2, 2017.” The Plaintiff’s husband C and D’s employees were “the instant confirmation document”.
(5) The Defendant: (a) paid KRW 60 million to the Plaintiff on August 16, 2016 for construction price; and (b) paid KRW 130 million in total by paying KRW 70 million on March 7, 2017, immediately after the issuance of the instant confirmation document; and (c) the Defendant paid KRW 171,000 on June 24, 2016, and KRW 740,000 on July 28, 2016 to the gas boiler operator, and KRW 3,850,00 on September 9, 2016, the Defendant directly paid KRW 130 million to the Plaintiff (on the other hand, the Defendant’s assertion related to the direct payment of KRW 70,000 on September 7, 2016, without any specific rebuttal.
6. The Plaintiff filed the instant lawsuit seeking the remainder of construction work.