공사대금
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The court's explanation on this part of the basic facts is the same as the part of "1. Basic Facts" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. The Plaintiff’s primary assertion 1) After concluding a subcontract as of July 11, 201, the Plaintiff claimed that the additional construction work was 48,965,890 won upon the request of the Defendant or the owner of the building, and that the additional construction work was 52,895,890 won (the Plaintiff’s additional construction work was 48,965,890 won). However, the Plaintiff asserted that the additional construction work was 52,895,890 won (the preparatory document as of November 2, 2015) in the final preparation document (the preparatory document as of April 13, 2016). In addition, the Plaintiff agreed that the additional construction work was 3,80,000 won separate from the above contract at the request of the Defendant after the completion of the construction work based on the said subcontract. Accordingly, the Defendant did not have any obligation to pay the additional construction cost to the Plaintiff within the scope of the total construction cost and the additional construction cost to the Plaintiff.
B. In order to claim against a contractor for additional construction costs in addition to the contract price set out in the contract, the legal doctrine contractor must prove that there was an agreement to pay a separate contract price for the additional construction works, such as an increase in the contract price, in addition to the fact that the additional construction works not included in the contract, have been executed, barring special circumstances, and the contract price shall be set in the contract unless there is such assertion.