공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The court's explanation of this case by the court of the first instance as to this case is to add the following judgments as to the matters alleged by the plaintiff at the court of the first instance, and 3. of the reasoning of the first instance judgment.
C. The reasoning of the judgment of the court of first instance is the same as that of the court of first instance, except for the deletion of the part of the claim for the additional construction cost of stairs.
A. The Plaintiff’s assertion 1) The construction work was conducted under the construction contract of this case. As a result of the appraiser A’s appraisal by the first instance trial appraiser A, the height rate of the construction work of this case is 87.78% and the amount calculated accordingly is 48,279,000 won. Thus, the Defendant is obligated to pay the Plaintiff 20,779,000 won (i.e., the amount calculated at 48,279,000 won - advance payment 27,50,000 won) and damages for delay. (ii) In addition to the construction contract of this case, the construction work of stairs was conducted. According to the result of the fact-finding by the first instance appraiser A of this case, according to the result of the fact-finding by the first instance trial by the appraiser A of this case, the Defendant is obligated to pay the above amount and damages for delay to the Plaintiff.
Judgment
1) We examine the judgment of the first instance court on the basis of the fact-finding results with respect to the appraiser A of the first instance trial, even if it is based on the fact-finding results with respect to the appraiser A of the first instance trial, it is difficult to easily believe the result of the appraiser A of the first instance trial, which is contradictory, and it is difficult to find the fact-finding of the plaintiff on the sole basis of the above appraisal result of Gap 5 (including construction photographs, number), Gap 6 (including number of each construction works), and number 6 (number 5) (number 8), each 55) in which the steel pole was constructed at the time of the discontinuance of the instant construction work.