공사대금
1. The judgment of the court of first instance is modified as follows.
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 130,457,850.
1. The reasoning for this part of the judgment of the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the court of first instance is cited as it is.
2. Determination on the main claim
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the increased construction cost of KRW 46,280,000 (i.e., the increased construction cost of KRW 784,30,000 - the increased construction cost of KRW 738,020,00) and the additional construction cost of KRW 83,171,000 in total, and delay damages therefrom.
B. The reasoning of the judgment of the court of first instance on the Defendant’s assertion is that the additional construction works stipulated in the special conditions of this case are additional construction works. The reasons for this part of the court of first instance are as follows.
B. 1) Since it is identical to the statement in paragraph (1), it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) The reasons for this part of the court to be stated in this part are as follows:
B. 2) Since it is identical to the statement in paragraph (2), it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 3) The grounds for this part of the claim that the court offsets the damage claim arising from the cancellation of the approval for the employment environment improvement project by this part
B. 3) Since it is identical to the statement in paragraph (3), it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 4) Inasmuch as the defect that occurred in the building of this case and the Plaintiff’s non-construction incurred damages equivalent to KRW 292,542,170 due to the defect that occurred in the building of this case and the Plaintiff’s non-construction, the Plaintiff is obligated to pay KRW 292,542,170 to the Defendant as compensation in lieu of the defect repair. The Defendant is obliged to offset the above damage claim by the Plaintiff’s damage claim against the amount equal to the Plaintiff’s above construction cost claim. (1) The testimony of the witness F of the first instance trial on the inside panel and the appraiser