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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as to the defendant's additional assertion under Paragraph 2 below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the
2. Judgment on the defendant's additional assertion
A. 1) The Defendant’s amendment contract (hereinafter “instant amendment contract”) signed between the Plaintiff and the Plaintiff on July 30, 2016 (hereinafter “instant amendment contract”).
(2) The contract of this case was concluded between the Plaintiff and the Defendant by deceiving the Defendant in an excessive manner in the value of the materials, etc. necessary for the instant construction, and the Defendant entered into the instant alteration contract by failing to know the aforementioned circumstances, and the Defendant, on the ground of mistake or fraud, has revoked the part of the lower construction cost incurred under the instant alteration contract. (2) The Defendant agreed between the Plaintiff and the Plaintiff to use the PVC plastic floor material with a thickness of 9.0 meters thick, but the Plaintiff entered into the instant alteration contract. However, the Plaintiff was a defect since it used the VC plastic floor material with a thickness of 8.0 meters.
Therefore, the Plaintiff shall pay the Defendant KRW 17,819,00,000 calculated by subtracting KRW 15,841,00,000, which is the expenses incurred by the Plaintiff in performing the said construction work, from 33,660,000, the construction cost of the PVC coal floor of the instant modified contract, as compensation for damages caused by defects. Therefore, the said KRW 17,819,00 shall be deducted from the construction cost that the Defendant shall pay to the Plaintiff.
B. The evidence alone presented by the Defendant regarding the claim for revocation of the contract due to mistake or fraud is insufficient to recognize the fact that the Plaintiff, who was unaware of the Defendant or omitted from the fact that it did not know of such circumstance, caused the Plaintiff to conceal the value of the materials, etc. necessary for the instant construction work in an excessive manner, and that the Plaintiff entered into the instant modified contract with the Defendant.