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1.On a request that has been reduced in the trial, the judgment of the first instance shall be modified as follows:
The defendant 4.4.
Reasons
1. Basic facts
A. On August 27, 2013, the Plaintiff entered into a contract with the Defendant for additional construction works, such as removal of fences and installation of gates, etc., for a period of 84,700,000 won, and from September 2013, the construction period of construction, which was 84,70,000 won for remodeling works for interior and outside of the housing located in Yeongdeungpo-gu C (hereinafter “instant housing”). Around that time, the Plaintiff entered into a contract with the Defendant for additional construction works, such as removal of fences and installation of gates.
(including an additional construction; hereinafter referred to as the “instant construction”). (b)
The Plaintiff completed the interior construction work on October 15, 2013, and completed the construction on November 15, 2013, and the Defendant moved into the instant house on October 16, 2013, and thereafter paid KRW 83,880,000 out of the construction cost to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 5, Gap evidence 3-1, and the purport of whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) As the Plaintiff completed all of the instant construction, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 16,351,911 (the Plaintiff claimed KRW 22,180,00 as the unpaid construction cost at the first instance trial, but the Plaintiff was paid KRW 6,251,986 from the Defendant on January 14, 2015, after the first instance judgment was rendered, and the said money was claimed as KRW 5,842,986 as the unpaid construction cost, from November 16, 2013 to January 14, 2015, the Defendant claimed KRW 423,897, and KRW 14,897, the principal amount remaining after being appropriated in sequence to KRW 5,828,089, and KRW 16,371,3714,315,961, and the claim amount remaining after being claimed as the remainder in the first instance judgment.
(2) From the unpaid construction cost to the Defendant, the portion of the work that was not paid to the Defendant was KRW 8,836,60 [2] [3,50,00 won (Tate Corporation 3,50,000 won (Tate Corporation 2,50,000 won (Tate 2,50,000 won) 1,50,000 won (Titter 250,000 won), 250,000 won (Titter 2,50,000 won)] and estimated.