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(영문) 대구고등법원 2018.03.22 2017나217 (1)

공사대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

. If there was an increase or a decrease in the volume of construction upon the construction of the additional construction, there is no evidence to deem that the contract amount was adjusted in consultation with the Defendant in accordance with the above provision, and that it had undergone such adjustment.

2) Comprehensively taking account of the following circumstances acknowledged as comprehensive consideration of the statement No. 7 evidence No. 7, testimony of witness E of the first instance trial, appraisal results of appraiser B of the first instance trial, and the purport of the entire pleadings, it is reasonable to deem that the Plaintiff existed in the construction process of the instant case, and the equivalent construction cost is KRW 69,910,045. Therefore, from the construction cost not paid by the Plaintiff to the Defendant, the amount of construction cost equivalent to the portion that the Plaintiff had not been paid by the Defendant shall be deducted from KRW 69,910,045. ① The appraiser B of the first instance trial verified the portion that the Plaintiff had not been constructed during the instant construction process as follows: (1) The additional 8,967,906 multiple opinions of the elevator entrance 8,967,906, 15,507, 970, 784, 709, 150, 294, 206, 306, 196, 2747, 1,

③ The witness E of the first instance court testified to the effect that “the Plaintiff was unable to perform the elevator entrance passage construction work. In addition, in the case of the first floor glass construction, the Plaintiff removed the above 5m glass to the completion of construction because it was installed with a 5m glass different from the design drawings and specifications, and constructed with a 24m glass in accordance with the design drawings and specifications. The details of the construction are explained in detail, and in light of the witness’s status or testimony.