공사대금
1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. The Seoul Local Government Procurement Service (Board of Audit and Inspection) awarded a contract to the Defendant for the Corporation A.
B. On September 18, 2012, the Defendant entered into a subcontract with the Plaintiff, setting the contract amount of KRW 156,625,700 during the instant construction work (hereinafter “instant construction work”) from September 18, 2012 to March 31, 2013 (hereinafter “instant first subcontract”), and thereafter, the termination date of the instant first subcontract was changed to May 31, 2013.
C. In addition, on September 18, 2012, the Defendant awarded a subcontract to the Plaintiff by setting the contract amount of KRW 601,700,000 and the construction period from September 18, 2012 to March 31, 2013.
(hereinafter “instant second subcontract”). Since then, the contract amount of the instant second subcontract was 545,60,000 won, and the completion date of the construction period was changed on May 31, 2013, respectively.
Until November 2013, the Plaintiff completed both the instant Nos. 1 and 2 and the following additional construction works.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 3 respectively, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Although the Plaintiff under the first and second subcontracts of this case completed the construction work of this case, 108,089,730 won (=100,965,70 won 7,124,030 won) out of the construction work price under the first and second subcontracts of this case (i.e., 156,625,70 won - 55,660,000 won) and 2 unpaid subcontract price = (156,625,700 won - 55,660,000 won) and 7,124,030 won under the second subcontract price = (545,60,000 - 538,475,970 won) and there is no dispute between the parties, the Defendant is obligated to pay the Plaintiff the above 108,089,730 won and damages for delay.
B. In full view of the result of a request by the court of first instance for an appraiser B of the first instance for an additional construction cost, the results of a request for the supplementation of each of the above appraisers and the purport of all of the arguments, the first and second of this case