공사대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of this court is as stated in the judgment of the court of first instance, except for the following '2. dismissal or addition', and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be removed or added;
(a) The second half of the judgment of the first instance is “1.5 billion won”; the second half is “170 persons”; the third third is “sstmatt”; the third is “22 persons”; the third is “20 persons”; and the third is “15. 30 on April 30, 2018”; the third is “20 persons”; and the third is “15. 30 on April 30, 2018”;
B. Under the third instance of the judgment of the first instance, following the first instance court’s “construction cost of the machine,” “(264,000,000)” was added to “(264,00,000,000)”, and “H’s “The fourth 9th 9th 9th ,..................., in the related lawsuit,” “H was sentenced to the Defendant to pay the amount of KRW 264,00,00 and its delay damages,” and the above judgment was finalized through the appellate trial,” respectively.
C. From 7th to 9th 10 pages of the first instance judgment are as follows.
Under the premise that “the Plaintiff’s establishment of the instant timber door 110 wood mold (hereinafter “instant timber door mold”) was included in the scope of construction pursuant to the Defendant subcontract, the Plaintiff asserted that the instant timber door mold was modified into the ice door mold, and that it was carried out by the Plaintiff, primarily, as the construction cost under a contract between the Plaintiff and the Defendant, and as the acquisition amount of the Plaintiff’s claim for the return of construction price against the Defendant, the Plaintiff sought KRW 42,516,012 as the acquisition amount of the claim for return of construction price against the Defendant.
However, according to the following facts and circumstances, Gap evidence 4, 10, Eul evidence 1, 2, 6 (including each number), and Eul evidence 1, 2, and 6 (including each number), and the testimony and whole purport of the testimony and pleading of the first instance trial witness N, the construction work of the wood mold in this case is within the scope of construction work under the defendant subcontract.