beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On July 18, 2011, the Plaintiff entered into a contract with the Defendant for the repair works for retaining wall C located in Kimhae-si (hereinafter “instant construction works”), which is the “period from July 25, 201 to October 31, 201,” and the “price of KRW 250,000 (excluding value-added tax)” (hereinafter “instant contract”).
B. In concluding the instant contract, the Plaintiff and the Defendant entered into a special agreement with the following terms:
1. All the construction works shall be in accordance with the accompanying drawings unless there are reasonable grounds to the work safety;
4. On May 1, 201, the Defendant shall suspend construction works and may select a separate company and proceed with construction works, if the construction works are not conducted for more than 10 days without any special reason.
In addition, without any special reason, the defendant may suspend the construction work and take any other measures when the construction work is carried out in another way.
C. On October 201, the Plaintiff completed the instant construction work, and the Defendant paid KRW 250,000,000 to the Plaintiff as stipulated in the instant contract.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s assertion during the instant construction work, in consultation with the Defendant, changed or added the following, and accordingly, the construction cost of KRW 47,538,700 (=43,217,00 + value-added 4,321,700 + KRW 43,217,00) was additionally incurred in addition to the construction cost stipulated in the instant contract.
Therefore, the Defendant shall pay the Plaintiff KRW 47,538,700 for the additional construction cost.
(hereinafter for convenience, the site of the instant construction is divided into sections A, B, C, and D in sequence from the south to the north, such as in the attachment map in the separate sheet. (1) Although the said section was intended to construct the concrete retaining wall stairs consisting of six 1.2m foot stairs in height C, it was constructed with eight 1.2m foot stairs in height.
(2) B, .