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1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2. The appeal costs and the claims in the trial.
Reasons
1. The parties' assertion
A. By January 11, 2017, the Plaintiff asserted that: (a) the construction of a gymnasium and a gymnasium in the Defendant factory (hereinafter “instant construction”); (b) the construction of a gymnasium (including the cost of settlement of actual expenses for authorization and permission); (c) the construction of a hazard prevention facility; (d) the construction of a gymnasium; (e) the installation of a gymnasium; and (vi) the two-time electrical construction of a gymnasium and a gymnasium grasium; and
Therefore, the Defendant is obligated to pay the Plaintiff the construction cost for each of the above construction works (including two-times of complaint work units; hereinafter the same shall apply), and the Plaintiff seek against the Defendant for the remainder of the construction cost of KRW 5,632,00 excluding the construction cost acknowledged in the first instance judgment (the above-mentioned construction cost of each of the above-mentioned paragraphs (1) through (3)) [The Plaintiff shall claim against the Defendant for the payment of the construction cost of KRW 5,632,00 [The remainder of the construction cost of the change in the location of the transmitting apparatus of the smoking stack = KRW 4,015,000 (appealed part) and the second-time electrical construction cost of KRW 1,417,00 (the sum of KRW 1,617,00,000 and the claim extended in the first instance judgment)] and the delay damages.
B. The defendant's assertion 1) The defendant is not a party to a contract for the plaintiff's alleged construction, and the above contract party C (D company, hereinafter the same applies)
(2) Even if the Defendant’s liability for the payment of the construction cost is partially recognized, the above A.
(4) The Corporation is merely a reconstruction due to the plaintiff's erroneous construction. (5) The Corporation is not a separate construction, but a separate construction, and (6) since it is included in each construction of paragraphs (1) through (3) of the same Article, the defendant is not liable to pay the construction price to the plaintiff.
3) The Defendant’s claim for compensation for delay concerning the instant construction work against the Plaintiff, and the Defendant’s claim for the PVC connection work cost, if the Defendant’s liability for payment of the construction cost in the port of call (in the event of recognition of the change of the position of the air exhauster, the Defendant’s claim for compensation for delay as to the instant construction work