공사대금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant added or emphasized by the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Determination as to the construction cost of the instant construction project (1) although the instant construction cost was the first KRW 360 million (including value-added tax), the Plaintiff asserted that the construction cost of the instant construction project was the last KRW 367410,000,000,000,000 after the modification of design. Accordingly, according to the records of the following: (ii) the construction cost of the instant construction project was the first KRW 330,000,000,000,000,000,000,000,000 was later than January 18, 2012; (iii) the construction cost of the instant construction project was the first KRW 36,741,00,000,000 as at the time of its preparation.
3) However, according to the following facts and circumstances acknowledged by comprehensively taking account of the descriptions of evidence Nos. 2 and 4 as well as the purport of testimony and the entire pleadings by the witness C of the first instance trial, the evidence submitted by the Plaintiff alone is deemed to have been prepared formally in order to settle the subcontract price in G, not to reflect the increased construction cost according to the actual design change but rather to reflect the increased construction cost. Therefore, the Plaintiff’s assertion that the contract form dated January 18, 2012 was genuine is without merit. ① The Plaintiff’s assertion on the premise that the contract form dated January 18, 2012 was genuine is without merit. ① The Plaintiff filed a complaint against the F claimed to run the instant construction and the operator of the D Co., Ltd., which was subcontracted with the subcontracted construction among the instant construction works (hereinafter “related criminal case”).
In the relevant criminal case, C stated to the effect that “The construction cost of the instant construction project was determined as KRW 335 million and entered into a construction contract with respect to the instant construction project as of July 201,” and F also related thereto.