공사대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. In the first instance trial, the Plaintiff sought payment of KRW 33,518,00 with additional construction cost at the time of filing a lawsuit against the Defendant at the time of the Plaintiff’s filing of the lawsuit, but the Plaintiff did not modify the purport of the claim even though the part concerning the claim for payment of KRW 3,078,00 with respect to the traffic congestion during the period of the first instance trial, which was excluded from the cause of the claim.
(1) The court of first instance rejected the Plaintiff’s claim for the payment of the remainder of the construction work (i) KRW 25,564,000 among the Plaintiff’s claim for the payment of the remainder of the construction work (i.e., KRW 2,840,00, KRW 400). (ii) Additional Work 2,840,000, KRW 1,620,000, KRW 520,000, KRW 15,590,000, KRW 876,000. The court of first instance rejected the Plaintiff’s claim for the payment of the remainder of the construction work (i.e., KRW 876,00, ② Additional Work 46,000, ② Additional Work 4,638,000, KRW 630,000, KRW 300, KRW 2,880,000, KRW 200, KRW 2000, KRW 205000.
Since only the defendant appealed against the defendant among the judgment of the court of first instance, the scope of the trial of this court is limited to the claim for additional construction cost against the defendant.
2. Basic facts
A. On March 10, 2016, the Defendant was awarded a contract for the design and installation of a tank for the production of a water purification processing facility from the Hanyang-Tech Co., Ltd. (hereinafter “Korea-China”) during the additional construction of the water treatment facilities set forth in subparagraphs B and 2 for the period from March 10, 2016 to June 30, 2016, with the construction cost of KRW 175,000,000 (excluding value-added tax) and the construction period from March 1, 2016 to June 30, 2016.
B. After that, on March 11, 2016, the Plaintiff received a contract from the Defendant for the installation work of a tank for the treatment facilities entrusted with purification (hereinafter “instant construction”) with the construction cost of KRW 79,50,000 (excluding value-added tax) and the construction period of April 30, 2016.
(hereinafter “instant construction contract”).