Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
We examine the grounds of appeal.
1. Where a contractor has to settle the construction cost based on the work progress in the state of suspension before the completion of construction work, such construction cost shall be calculated on the basis of the agreed total construction cost agreed between the parties concerned as at the time the contractor ceases construction work. However, where special circumstances are acknowledged, such as the existence of an agreement on the construction cost of the part of the flag, it is reasonable to calculate the construction cost according thereto;
(See Supreme Court Decision 2012Da39769 Decided May 24, 2013, and Supreme Court Decision 2011Da93667 Decided January 27, 2012, etc.). Furthermore, the appraiser’s appraisal result should be respected unless there exist significant errors, such as that the appraisal method is contrary to the empirical rule or it is unreasonable.
(2) On January 24, 2013, according to the reasoning of the lower judgment and the record, the Plaintiff was awarded a contract for construction work of construction work of construction of four lots, including 4,060 square meters and 4,060 square meters in land, the Plaintiff, on October 24, 201, to the Defendant; on November 22, 2011, for construction work of construction work of 162 square meters and 526 square meters in land, located in Busan-gun, Busan-gun; (hereinafter “each construction work of this case”); and (2) Article 5 of the contract for each construction work of this case, “the Plaintiff shall be subject to the contract statement with respect to the construction work of this case”; and (3) Article 17(1) of the contract shall be subject to an inspection without delay; and (4) the Defendant may demand that the Plaintiff pay the construction work price of each of the instant case in accordance with the contract statement (hereinafter “the contract statement”).