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(영문) 서울고등법원 2015.02.12 2013나77296

공사대금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial against the Defendant, the Plaintiff claimed part of the additional construction costs related to the winter period reinforcement work due to the delay in the determination of the shop design (a claim for damages for delay against the Defendant; hereinafter the same shall apply) and the additional construction costs due to the modification of design, for which the Plaintiff claimed KRW 4,067,282,525, and the additional construction cost due to the Home Plus request and the additional construction cost due to the Home Plus request and the additional construction cost of KRW 500,879,978, which are the sum of KRW 5,062,890,00 (the total floor area reduction, etc.) calculated by directly subtracting KRW 308,754,00,000 (the remainder of the construction cost calculated by deducting KRW 5,062,890,000 from the total area reduction (the total area reduction, etc.).

B. The first instance court rendered a judgment in favor of the Plaintiff (the dismissal of the above claim, the above claim of KRW 3,413,409,100, and the above claim of KRW 500,879,978, and the remaining amount after deducting KRW 308,80,000, which was deducted by the Plaintiff’s own).

C. As to this part of the part against which only the Defendant has lodged an appeal only regarding the claim corresponding to the above claim amount, the above claim dismissed in the first instance trial and the above claim which the Defendant did not appeal was excluded from the scope of this court’s trial. Of the above claim for additional construction cost due to design modification, only the claim amounting to 3,104,609,100 won (the amount recognized among the above claim, 3,413,409,400 - the reduction of construction cost of 308,80,000 won) corresponding to the amount cited in the first instance trial among the claims for additional construction cost due to design modification is subject to the judgment of this court.

2. The reasoning of this part of the reasoning of the judgment of the court of first instance is as stated in paragraph (1) of the same Article, except where “130,846,000 won” of the second 19 of the judgment of the court of first instance is deemed “130,846,00,000 won”, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasons for this part of the judgment concerning the cause of the claim are the statements in the evidence Nos. 32 to 42, which were submitted additionally in the trial and do not interfere with the recognition of additional construction cost due to design modification.