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(영문) 서울고등법원 2018.03.16 2017나2026308

공사대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases:

In the 9th judgment of the first instance court, the "35 Rak relocation construction works" in the 7-8th judgment of the first instance shall be implemented as "36 Rak relocation construction works, etc.".

“The 1 Additional Corporation” in Part 9 of the same 9 shall be added “(Provided, That the 15 minutes of the Military Airfield shall have been constructed).”

The overall 11-13 of the same face shall be cut to the following parts:

[No. 1,098,377,50 won for additional construction work 151,245,942 won for additional construction work 31,452,134 won for additional construction work 151,245,942 (including the cost for relocation construction work in 36 Rack)] No. 11, 3 of the judgment of the court of first instance (Evidence No. 17)

The decision on the argument that the defendant emphasizes or adds in the trial is added to the following paragraph 2.

The summary of the defendant's argument that an additional construction work is included in the 1 additional construction work, so the defendant is not obligated to pay the plaintiff the 2 additional construction cost.

The appraisal result of the appraiser C of the first instance trial is unreasonable in light of the following errors:

(1) The construction cost shall be calculated at a higher level than the agreed amount or the quantity of the material used shall be calculated as higher than the amount of the material supplied.

(2) The agreed material cost of optical cables shall be 221,582,050 won, and the agreed circulation equipment (construction cost) shall be 127,06,50 won.

The appraisal material cost is higher than the agreed amount of KRW 243,916,650, while the appraisal equipment is lower than the agreed amount of KRW 106,925,665, so the balance between appraisal equipment is inconsistent.

③ The OFD contractual material cost is KRW 25,08,00 under the instant construction contract, and KRW 5,696,00 under the instant additional construction contract. The appraisal material cost is excessive to KRW 56,882,260 under the instant additional construction contract.

Although the OFD labor cost is not an agreement, 117,459,000 won is calculated as appraisal labor cost.

. Determination.