공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence submitted in the court of first instance is inferred (the plaintiff did not submit additional evidence in this court), and the fact-finding and judgment of the court of first instance are recognized as legitimate.
The reasoning of the judgment of this court is as follows, except for the parts used by the court as follows: The reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance; therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part to be used by the court shall be from “A. The defendant has awarded the contract” to “A. the second half of the judgment of the court of first instance,” to “A. the same four parts,”
The construction contract between the Plaintiff and the Plaintiff on December 20, 2016, stating that “the Defendant shall set the contract amount of the Seoul Jongno-gu Seoul Metropolitan Government Construction Work to the Plaintiff as the contract amount of KRW 282,001,410, and the completion date of the completion of the construction work” (hereinafter referred to as “the contract”) refers to the instant contract.
1) The second 21 of the judgment of the court of first instance of "...... to the third 3rd 1 of the judgment of first instance of "................"
Therefore, the defendant is obligated to pay to the plaintiff 4,693,00 won (including value added tax) and damages for delay thereof, which are the sum of 16,528,650 won for additional construction work and 5,547,000 won for additional construction work, excluding 17,00,000 won for the remainder of the construction work for the portion not constructed by the plaintiff, among the construction work stipulated in the contract of this case. The defendant is obligated to pay to the plaintiff 4,693,00 won for additional construction work and damages for delay thereof, which are the sum of 16,528,650 won for additional construction work for the portion not constructed by the plaintiff.
Even if the Defendant deducts only the construction cost of KRW 48,952,180 paid directly by the Plaintiff to the subcontractor, etc., and the construction cost of KRW 17,00,000 corresponding to the non-construction portion that the Plaintiff ought to be deducted, the Defendant shall additionally pay the Plaintiff in the instant written agreement.