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1.The judgment of the first instance shall be modified as follows:
Defendant C shall pay to the Plaintiff KRW 28,892,117 as well as its related amount.
Reasons
1. Basic facts
A. The Plaintiff is the representative of F in charge of furniture sales and interior fishing, and the Defendants are married couple.
B. On April 30, 2009, the Plaintiff entered into a contract with Defendant C on the extension and interior works (hereinafter “the instant construction contract”) with respect to the two-story housing located D (hereinafter “the instant building”) at the time of leisure, which is owned by Defendant C’s Ha and I in a fraudulent manner. The construction amount at the time of the Plaintiff’s presentation of the transaction statement (including the tax) with KRW 81,960,000 (hereinafter “the instant construction contract”). However, the Plaintiff agreed on KRW 77,00,000,000 as advance payment, and received KRW 40,000 as advance payment.
C. As the construction cost was increased upon the request of the Defendants, the Plaintiff requested the Defendant C to adjust the construction cost of KRW 66,153,208 that had been performed up to the time on June 9, 2009. Defendant C paid KRW 30 million to the Plaintiff on June 22, 2009.
On June 30, 2009, the Plaintiff issued to Defendant C a written estimate (Evidence A No. 4; hereinafter referred to as “the second written estimate”) for the construction details, such as the description in the “name of goods” in attached Form 2, as well as for the construction cost of KRW 32,605,00.
E. The Plaintiff completed the instant construction, and on July 31, 2009, the details of the extension change on the instant building were registered in the general building ledger.
F. On the other hand, on April 18, 2009, the Plaintiff entered into a contract with the Defendants for the sale of 12 million won of beds, small wave, and tables (hereinafter “the first household sales contract of this case”). On April 20, 2009, the Plaintiff received the said furniture payment from the Defendants and delivered the said furniture to the instant building on June 22, 2009.
G. On June 28, 2009, the Plaintiff sold the funeral hall and the living room room room to the Defendants at KRW 6 million (hereinafter “the instant secondary household sales contract”). On the same day, the Plaintiff delivered the said furniture to the instant building.
[Reasons for Recognition] There is no dispute.