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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
1..
Reasons
1. The parties' assertion
A. On April 28, 2015, the Plaintiff asserted that the construction of the instant building, which was built by the Defendant, was subcontracted to KRW 45,000,00 with the contract price of KRW 45,00,00,00 by strengthening the construction of the instant building (hereinafter “instant building”) of the C Commercial Building located in Pyang City (hereinafter “instant building”) from the Defendant, and thereafter, the construction of the installation of the content pole was additionally subcontracted to KRW 11,190,000 on the contract price of the installation of the content pole at the Defendant’s request, and the Plaintiff replaced KRW 3,00,000 with the glass of the crowdfunding.
However, since the Defendant pays only the construction cost of KRW 42,00,000 to the Plaintiff, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 17,00,000 (= KRW 45,000,000, KRW 11,190,000, KRW 3,000, KRW 42,000 - KRW 190,000, KRW 190,000, KRW 190,000, out of the unpaid construction cost to the Defendant.).
B. The Defendant asserted that the Plaintiff gave the Plaintiff a contract price of KRW 28,000,000 for the interior works for the instant building, and thereafter agreed to the total construction cost of KRW 46,00,000, including the Plaintiff and the additional construction work.
The defendant paid KRW 42,00,000 among the construction price to the plaintiff who completed the above interior work, and the remaining KRW 4,000,000 is recognized.
2. The Defendant awarded a subcontract to the Plaintiff with the contract amount of KRW 46,00,00, and the fact that the Plaintiff completed the subcontracted construction was the Defendant’s person. However, the Plaintiff entered into a subcontract with the Plaintiff to have the amount exceeding KRW 46,00,00 as the Defendant, including the additional subcontract construction contract with the Defendant, in excess of the amount exceeding KRW 46,00,00,000 as the Defendant, including the additional subcontract construction contract with the Defendant.
It is insufficient to view that the total construction cost of the construction works executed by the Plaintiff under a subcontract from the Defendant exceeds KRW 46,00,000, which is the amount that the Defendant is the Defendant, and there is no other evidence to acknowledge it.
Therefore, the defendant.