공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is identical to the corresponding part 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. The assertion and judgment
A. The Plaintiff’s assertion and the Defendant entered into an additional tin construction contract on October 9, 2014, and agreed to provide the Defendant with equipment to carry out tin construction. However, the Defendant provided 0.2t dumpers, which was insufficient to put up a stone at the construction site of the instant construction site, could not perform the said construction work due to lack of force.
Therefore, the defendant should bear the cost of equipment separately, and the plaintiff requested the lease of equipment necessary for the above construction. Since the plaintiff completed the stone storage work by leasing a 0.6t digging machine from the Sejong Construction Co., Ltd., the defendant should bear the above 9,343,750 won (12 days).
B. We examine the following circumstances, i.e., the original Defendant, as the instant construction performance note and performance note, to include the tin construction work in the instant construction project, and to deduct KRW 5,00,00 on October 6, 2014, when the instant construction project was delayed, from the total construction cost of KRW 36,50,000, and to complete the tin construction project until October 20, 2014, and to confirm that the remainder of the construction project is KRW 12,00,000,00 (generally, tin construction cost includes equipment rental cost, ready-mixed cost, personnel cost, etc.). The Defendant, as the Plaintiff asserted on October 20, 2014, concluded the instant construction project with the Plaintiff on the ground that tin construction is purchased at each of the instant construction sites, but appears to be impossible for the Plaintiff to directly purchase tin construction project at each of the instant construction sites on October 20, 2014.