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(영문) 서울고등법원 2016.01.27 2015나2010576

공사대금

Text

1. Of the judgment of the first instance court, KRW 1,287,770,674 against the Plaintiff and its related thereto from November 13, 2012 to January 27, 2016.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination of the construction cost and additional construction cost of each of the instant construction contracts;

A. In the facts of recognition, the sum of the contract amounts under each of the instant construction contracts (including value-added tax) is KRW 16,696,240,558, as seen above. According to the facts based on the above basis, the result of the appraisal by appraiser D of the first instance trial (including the result of the supplementary appraisal at the trial) and the purport of the whole pleadings, the additional construction costs incurred from the additional construction works at the Defendant’s direction in the course of design modification and construction work at the Defendant’s request are deemed to be the sum of KRW 3,676,927,80 (including value-added tax) as indicated below. Thus, the total construction costs under each of the instant construction contracts include KRW 20,373,168,359 (including value-added tax) (=16,696,240,58 won, 676,927,801 won, value-added tax).

As a result of the appraisal in the first instance trial of the appraiser of KRW 2,517,316,864, which was recognized as additional construction costs due to the structural change in the design drawings (excluding value-added tax) of KRW 80,41,769, which occurred at the time of the construction site work for the item-site, in the second instance of the appraiser of KRW 2,517,74,316,864, which was recognized as additional construction costs due to structural change in the design drawings (as a result of the review of the drawings, it is reasonable for the appraiser to apply some simple and simple evidence in the form of the interior of the columns of the PLE as a result of the review of the drawings, and partly changed his opinion).

(Additional Value-Added Tax) Total 3,342,661,637 won (excluding value-added tax) in aggregate of 944,502,347 won (excluding value-added tax) in comparison with other contract amount (excluding value-added tax)

B. (1) The Defendant’s assertion on the Defendant’s assertion is prior to the rehabilitation of the instant case.