정산금
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.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the judgment of the first instance, except for the dismissal of some content as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
The second and nine written judgments of the court of first instance are referred to as " July 25, 2017" as " July 25, 2016."
The fourth 12th g "g." of the judgment of the court of first instance is referred to as "h.".
2. Determination
A. The Plaintiff and the Defendant agreed not only to raise the unit price of the instant contract in KRW 4,00 per 1 cubic meter, but also to determine the shipment volume by loading 13 cubic meters per 13 cubic meter and operating 10 cubic meters per 10 cubic meter, regardless of the actual loadage and the frequency of operation. Even if the Plaintiff’s claim is deducted on 5,637 occasions, the Plaintiff shall be paid KRW 886,936,240, and even if considering the Defendant’s subrogation payment, the Plaintiff shall be paid KRW 279,230,200, which is a part of the said money. Even if such agreement is not acknowledged, the Defendant shall pay the Plaintiff the amount of KRW 10,000,00,000, which is a part of the said money, and thus, the instant contract becomes null and void due to the following reasons, and thus, the Plaintiff shall either claim or cancel the amount of the construction price calculated in accordance with the instant contract.
Since “B” is owned by the Plaintiff (i.e., indirect construction cost to be paid by the Plaintiff 619,640,560 won - Indirect construction cost to be paid by the Plaintiff 530,29,580 won - Construction cost to be excessive to the Plaintiff 693,797,920 won). The Defendant shall, upon the Plaintiff’s request, pay 100 million won, which is part of the cost, and damages for delay thereof. The Defendant shall pay the Plaintiff all the expenses incurred by the construction, such as the cost of