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1. The plaintiff's incidental appeal and the claim extended by this court and the defendant's appeal are all dismissed.
2. Costs of appeal.
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as is by applying the main text of Article 420 of the Civil Procedure Act
2. Summary of the parties' arguments;
A. Plaintiff 1) The Plaintiff completed all of the instant construction works in accordance with each of the instant construction contracts. 2) At the time of entering into each of the instant construction contracts, the Plaintiff agreed to pay KRW 10,000,000 per development capacity to the Defendant as sales commission. The sales commission calculated in relation to the instant construction project is KRW 30,000,000, and the sales commission calculated in relation to the instant two construction projects is KRW 20,000.
3) The Defendant did not mention this fact to the Plaintiff even though the Plaintiff agreed to perform additional construction work, such as access road packaging and container installation, and the Plaintiff had no choice but to proceed with the additional construction work due to the Plaintiff’s demand from D. In other words, the said additional construction work was caused by tort, such as deception by the Defendant. As such, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 28,000,000,000 for access road packing expenses, and KRW 10,000,000 for container installation expenses, and KRW 38,00,00,000 for each construction of this case. 4) As the occurrence of unexpected circumstances, such as the occurrence of civil petitions, alteration of racks, etc. during each construction of this case, the Defendant agreed with the Plaintiff and the Defendant to bear 1/2 each of the construction of
Therefore, the Defendant should bear the amount of KRW 15,00,00, the sum of KRW 2,000,000, and KRW 3,000,00, and KRW 10,000,00, and the sum of KRW 15,00,00,00, and the amount of KRW 15,00,00, which was paid by the Plaintiff in connection with the instant 1 project.
5) Therefore, the Defendant’s damages amounting to KRW 560,500,000 for the instant construction project related to the Plaintiff (i.e., construction cost of KRW 550,000,000 - Business Fees of KRW 30,000,000 for the additional construction cost of KRW 38,000,000 for the Plaintiff.