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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. On September 2018, the Plaintiff was awarded a subcontract to the Defendant for the installation and cushion of the instant construction (hereinafter “instant construction”) among the said construction works to KRW 27 million for the agreed construction cost (including value-added tax).
B. During the instant construction project, the Defendant requested the Plaintiff to construct the instant construction in addition to the instant construction. Upon the Defendant’s request, the Plaintiff, from October 11, 2018 to June 16, 2018, the first additional construction from November 1, 2018 to the same month, and the second additional construction from November 8, 2018 to the same month. The said additional construction cost was required KRW 13,068,00 (including value-added tax) and the second additional construction cost was KRW 9.460,00 (including value-added tax).
C. On October 12, 2018, the Plaintiff was supplied with the Defendant on November 5, 2018, and December 6, 2018, and issued electronic tax invoices on the instant construction cost and the respective additional construction cost, respectively.
The Defendant paid the Plaintiff KRW 23,100,000,000 to the Plaintiff on October 2, 2018, KRW 5,000,000,000 on November 1, 2018, and KRW 16,00,000 on November 16, 2018, as the instant construction cost. The instant construction was completed in the middle of December 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 3.9 million (=27 million - KRW 23.1 million), the said additional construction cost of KRW 13,068,00, and the said additional construction cost of KRW 26,428,000 (= KRW 3.9 million 13,068,000) and damages for delay, barring any special circumstances.
3. Defendant’s assertion and determination thereof
A. First, the Plaintiff and the Defendant asserted that they agreed on the total construction cost, including each of the above additional construction works, at KRW 35 million, around February 13, 2019, but only the Defendant agreed on it.