공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The grounds for this part of the facts of recognition are the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The plaintiff alleged that the plaintiff's assertion made the bid price in Korean won while bidding the construction of this case, and the plaintiff was awarded the construction of this case by preparing detailed statements related to the construction of this case on the basis of Korean won, and the defendant paid the contract price for the construction of this case on the basis of the fixed exchange rate US US US US US US US US US US US US US US US US US US US US US US US US US.
Accordingly, when adding up the money that the Plaintiff received from the Defendant as of the time of receiving the payment, the said sum does not reach the amount based on the exchange rate at the time of entering into the instant construction contract. Ultimately, the Plaintiff suffered loss of KRW 1,692,754,660 due to exchange rate fluctuation.
Therefore, the defendant is obligated to pay to the plaintiff the additional claim for the construction price of this case due to exchange rate fluctuation, the amount of KRW 1,692,754,660, and damages for delay.
B. First of all, we examine whether the Plaintiff and the Defendant would pay the payment of the base price at a fixed exchange rate (based on US$ 1,275) at the time of the conclusion of the instant construction contract, not at the rate of exchange at the time of the payment.
According to the above evidence and the evidence No. 19, the plaintiff and the defendant set forth in Article 39 (Payment of Price) of the General Conditions of the Construction Contract at the time of concluding the instant construction contract, the plaintiff and the defendant determined that "the price shall be calculated and paid with the agreed unit price." The agreed unit price was written in Korean won on the contract statement, the defendant paid to the plaintiff an amount calculated by converting the amount of 1,150 won per USD 1,000 on June 30, 2012 and the amount of 1,118 won per USD 1,000 on August 31, 2012. However, the above recognition fact and each evidence submitted by the plaintiff are sufficient to the plaintiff.