손해배상(기)
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the part concerning dismissal or deletion as stated in paragraph (2) below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The phrase “80 million won” in the first instance court No. 5 page 16 of the judgment of the court of first instance shall be deemed to read “50 million won”.
Part VI through X of the judgment of the first instance court shall be as follows.
C) The Plaintiff asserted that additional costs due to the suspension of construction should be paid in addition to the Plaintiff, since indirect labor costs of KRW 162,561,106 (=103,551,434) were incurred, the construction management manager, general management cost of KRW 59,009,672), and the Defendant should pay the additional costs to the Plaintiff. (2) Article 47(1) of the General Conditions of the Construction Contract provides that on-site supervising employees may suspend the performance of all or part of the construction in certain cases, and in this case, the other party shall not be negligent in neglecting the duty of due care of the good manager during the suspension period, but the other party cannot claim the extension of the contract period or additional costs due to any reason attributable to the other party to the construction contract. (3) Since the construction project in this case was suspended due to any reason other than a good manager’s duty of care during the suspension period of construction project, the Plaintiff is not obligated to notify the other party to the construction contract during the suspension period of construction project.