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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 4, 2016, the Defendant entered into a contract on the instant remodelling works for the E office located in the Gangwon-gun, Gangwon-do, D (hereinafter “instant remodelling works”).
B. On December 12, 2016, C subcontracted to the Plaintiff part of the instant remodeling construction works, such as the installation of a scam and a studio (hereinafter “instant scam”) in the cost of construction KRW 13,500,000. On or around December 30, 2016, the Plaintiff was paid KRW 6,000,000 from the cost of the instant scam scam excluding the installation works.
C. Before completing the instant remodeling construction work, C has suspended the instant remodeling construction work in order to cause conflicts due to the increase in construction cost with the Defendant and the Defendant.
On January 9, 2017, the Defendant suspended the construction work, and requested the Plaintiff to complete the instant remodeling work (hereinafter “the completion work”) by setting the construction cost of KRW 1,050,000, separate from the original work in the instant case. On January 14, 2017, the Plaintiff was fully paid KRW 1,050,000 for the completion work from the Defendant until March 9, 2017 after completing the completion work in the instant case.
E. The Plaintiff sent a text message to the Defendant stating, “In-house is the date of the promise to approve the construction payment.” On June 9, 2017, the Defendant asked the Plaintiff to the effect that “In-house open is delayed due to the delay of factory opening due to the problem of factory permission, and part of June 5, 2017.” As the factory will be operated normally after the lapse of two to three months, the Plaintiff asked the Plaintiff to the effect that “after the normal operation.”
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, 2, and 3, testimony of witness F, purport of whole pleadings]
2. The party's assertion and judgment
A. The gist of the claim is that the Defendant promised to pay 7,100,000 won for the remainder of the Chang Ho Construction Work in this case.