공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On May 201, the Defendant awarded a contract with Hyundai MCo Co., Ltd. (hereinafter “NMco”) for the construction of the structure of the building site for the Hyundai Steel General Industrial Complex (hereinafter “instant structure construction”). On February 2012, the Defendant subcontracted to the Plaintiff the “construction of the bridge facilities construction for park access” (hereinafter “instant building construction”).
B. The Plaintiff initially presented a written estimate with the construction cost of KRW 85 million to the Defendant, and began construction of the instant provisional facilities from February 2012.
The Plaintiff performed work, such as the PHC Ptile, the hyn beam beam (H-bem), and the trial file (Set Ptile). However, as the construction was difficult due to the discovery of unexpected cancer in some construction areas, the construction was conducted by changing the construction method several times and inserting new equipment.
C. Accordingly, the construction of the instant provisional facilities was completed on August 2012, more delayed than 3 months than the time of completion originally scheduled, and the Plaintiff paid additional construction costs due to the change of the construction method and the input of new equipment.
On August 2012, the Plaintiff requested the Defendant to send and review a written claim for progress payment with the content that the construction cost of the instant provisional facilities, including the additional construction cost, was KRW 275,061,90,00, and the additional fee (which appears to refer to the cost of materials, such as the H beam, twit file, and Brackers, additionally required due to a change in the construction method or a material loss) was required for KRW 54,398,50,00.
E. The Defendant’s construction cost of the instant provisional facility construction to the Plaintiff KRW 70 million on June 20, 2012, and the same year.
9. 11.10 million won paid a total of KRW 170 million, including KRW 100 million.
F. Meanwhile, around 2012, the Plaintiff’s construction of the instant structure in addition to the instant facility construction from the Defendant.