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(영문) 춘천지방법원 2019.01.08 2018나1524

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds for appeal by the plaintiff admitting the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and fact-finding and judgment in the court of first instance are deemed legitimate

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the following "2. Additional Judgment" as to the assertion that the plaintiff changed or added in this court, and therefore, it is accepted in accordance with Article 420 of the Civil Procedure Act.

The Plaintiff’s assertion of additional determination is not KRW 160,000,000, but KRW 227,300,000.

The Plaintiff asserted that the total construction cost was KRW 160,000,000 in the first instance trial is because the Plaintiff’s explanation at a certified judicial scrivener office was erroneous in the written complaint.

In addition, the Plaintiff paid the construction cost of KRW 28,70,000 in addition to the construction cost of KRW 28,700,00 due to the design change and reconstruction demand of the Defendant side.

Judgment

The Plaintiff’s assertion that the first instance court erred in the total construction price by a certified judicial scrivener is difficult to accept by itself.

The Plaintiff changed or proposed the total construction cost in the statement of grounds for appeal, and the amount has been changed continuously, and it is difficult to recognize that the construction contract was concluded based on the newly claimed total construction cost between the Plaintiff and the Defendant.

In addition, each construction claimed by the Plaintiff as reconstruction or additional construction solely based on the evidence submitted by the Plaintiff was properly conducted.

It is insufficient to recognize that there was an agreement with the Defendant on the payment of additional construction costs, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

Thus, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.