손해배상(기) 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The scope of the judgment of this court is within the scope of the judgment of the court of first instance: ① the Plaintiff and the Defendant, based on the construction contract between the Plaintiff and the Defendant on October 6, 201, the sum of the construction cost paid by the Plaintiff to the Defendant and the re-subcontractors, 97,343,922, KRW 98,710,918, out of the construction cost paid by the Defendant to the Defendant until the discontinuance of construction until the discontinuance of construction work, shall be returned as unjust enrichment. Even if the Defendant did not properly perform the above construction work, the Plaintiff’s expenses incurred directly in performing the remainder of construction work, and the construction cost paid by the Plaintiff as above, KRW 1,503,310,918, which was the total construction cost under the original construction contract between the Plaintiff and the Defendant, were reduced to KRW 1,404,60,000 and KRW 20,000, the remainder of the construction work and KRW 208,300,0000,2000.
Since only the defendant filed an appeal regarding the part against the defendant among the judgment of the first instance, the object of the judgment of this court is limited to the portion recognized in the judgment of the first instance among the liquidated damages for delay concerning D and D of this case.
2. Determination
A. The reasoning for the court’s explanation concerning this case is as follows, except for the addition of some contents as follows.