손해배상(기)
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 court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the following Paragraph 2, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. In concluding the instant contract with the Plaintiff, the Defendant agreed to perform the primary revision work on the architectural design map free of charge. The Defendant’s alteration of the design permitted for construction alteration by changing the roof structure of each of the instant housing from the existing Pyeongtaek to the slope in March 25, 2013, constitutes the instant primary revision work, which the Defendant agreed to free of charge at the time.
Therefore, the foregoing design modification does not constitute a design modification to which the instant special agreement applies, and thereafter, constitutes a design modification to which the Defendant requested the Plaintiff on February 2014 applies, and thus, the Defendant is obligated to respond to the Plaintiff’s request for design modification at the amount equivalent to 30% of the design cost stipulated in the instant contract, as it constitutes a design modification to which the instant special agreement applies.
B. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant agreed to provide the first revision work on the architectural design map free of charge, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's assertion that differs from this premise is without merit.
1) The contract entered into by the Plaintiff and the Defendant does not explicitly state that the Defendant’s primary revised work on the architectural design drawing is free of charge, but only states that additional design cost should be paid in the event of a change in design. 2) The contract entered into at the time of the conclusion of the instant contract is accompanied by the evidence No. 1.