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1. From November 15, 2015 to September 22, 2016, the defendant among the judgment of the court of first instance, 3,069,326 won to the plaintiff.
Reasons
1. On August 16, 2014, the Plaintiff entered into a construction contract with the Defendant for the construction of a new housing unit C (hereinafter “instant construction contract”) at KRW 125,000,000 for the construction cost (hereinafter “instant construction contract”) and agreed on the following special terms:
Matters of special agreement
1. The owner of a building shall pay a cryption, shoes, electric shock, etc.;
2. The wall, warehouse, and retaining wall of the embankment are separate. (m) The Plaintiff completed two warehouse construction works, the retaining wall construction works of the embankment, the wall, and the outdoor toilet construction works as additional construction works pursuant to paragraph 2 of the said special agreement.
The defendant asserted that the plaintiff cannot claim the additional construction cost because the plaintiff erred in the destruction of the base for construction and re-construction, but there is no evidence to support this, and thus, the defendant's above assertion is not acceptable.
However, 4,657,00 won for additional construction costs related to two storages, 1,367,90 won for storage additional construction costs, and 1,037,800 won for fences and outdoor toilets.
Meanwhile, the Plaintiff received KRW 120,000,000 from the Defendant prior to the filing of the instant lawsuit, and additionally received KRW 5,000,000 on November 14, 2015, which was subsequent to the filing of the lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The Plaintiff’s assertion is obligated to pay the Plaintiff the Plaintiff the additional construction cost of KRW 125,00,00 and KRW 4,657,00,00 for additional construction related to two storages, KRW 1,367,90 for additional construction works, KRW 1,270,00 for multi-use rooms and boiler construction works, KRW 428,00 for dry and other materials, KRW 183,00 for multi-use rooms and other materials, and KRW 183,00 for additional construction work cost of KRW 1,03,943,70 for fences and outdoor toilets, KRW 13,943,70 for additional construction cost of KRW 125,00,000 for additional construction work cost of KRW 8,95,160 for late-use rooms and boiler construction work cost of KRW 428,00 after completion, KRW 94,70 for late-payment damages.
3. The cause of the claim.