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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 30, 2016, the Plaintiff entered into a contract with the Defendant to conclude a contract with the lower court for the construction cost of the 4,800,000 construction cost and the construction period from December 6, 2016 to December 14, 2016 (hereinafter “instant contract”).
B. On December 14, 2016, the Plaintiff started construction pursuant to the instant contract and completed the remainder of construction except floor construction.
The Defendant paid KRW 1,900,000 to the Plaintiff as the construction cost of the instant case.
C. Meanwhile, from the time when the Plaintiff completed the instant construction, there was a studio on the wall, floor, etc. of the part executed by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, each of the images of Eul evidence 7 to 18, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the defendant does not dispute the amount of KRW 2,900,00 for the construction cost unpaid to the plaintiff (i.e., KRW 4,800,000 - KRW 1,900,000) as part of the construction cost of the non-construction (ridge construction) that the plaintiff is the plaintiff.
As the Plaintiff seeks, the remainder 2,00,000 won remaining after the deduction of Eul and the damages for delay calculated by the rate of 6% per annum under the Commercial Act from March 4, 2017 following the delivery day of a copy of the complaint of this case to February 8, 2018, which is the date of the first instance judgment, and the date of complete payment, from February 8, 2018, which is the date of the first instance judgment, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of complete payment.
B. Meanwhile, the Plaintiff also sought payment of KRW 150,00,000 for additional construction cost for other works, KRW 100,000 for additional construction cost for material modification, and KRW 150,00 for air-conditioning connections. However, according to the respective written statements in the evidence A, the Plaintiff entered the said written estimate in the written estimate, but the written contract made between the Defendant and the Defendant.