beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
The Plaintiff’s judgment on the cause of the claim is without dispute between the parties to the lawsuit that the Plaintiff was awarded a subcontract for a part of metal works, etc. among the C Repair and Maintenance Works in Seo-gu, Gwangju and completed the relevant construction work on December 20, 2012 (hereinafter “instant construction”).
The plaintiff asserts that the defendant is obliged to pay to the plaintiff the remainder 14,700,000 won, excluding the remainder 19,400,000 won already paid by the defendant, as well as damages for delay, since the contract price was agreed at the time of accepting the contract for the construction of this case at the time of receiving the contract for the construction of this case, or even if not, the construction cost equivalent to the above amount is required.
First, as to whether the Plaintiff and the Defendant agreed to pay construction cost of KRW 34,100,00 at the time of concluding the subcontract for the instant construction project, the statement of evidence No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this part is without merit.
Next, in full view of the overall purport of the pleadings in relation to the Plaintiff’s actual construction cost, the Plaintiff spent KRW 526,50,00, totaling KRW 250,00, totaling KRW 26,371,00, totaling KRW 26,00,00, and KRW 26,371,078, in relation to the construction of the instant case, it is not sufficient to acknowledge the fact that the construction cost required by the Plaintiff exceeds the above amount and exceeds KRW 34,100,00,000, totaling KRW 250,000, and KRW 26,371,078, but there is no evidence to prove otherwise.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of KRW 6,971,078 excluding the remainder of KRW 19,40,000,000, which the plaintiff paid to the defendant among the above construction cost of KRW 26,371,078, and delay damages therefor.
. Defenses.