beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. The Defendant is a company that received a contract from the owner C for a new construction work for accommodation facilities (n) located in Gangdong-gu Seoul Metropolitan Government (hereinafter “new construction work of this case”).
On November 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant with respect to construction works, which are part of the instant new construction works (CIP, temporary facilities and ground-breaking works; hereinafter “the instant earth construction works”) during the construction period from November 16, 2016 to January 1, 2017, with respect to the construction period of the instant new construction works (hereinafter “instant subcontract”).
Around the time of the Plaintiff’s implementation of the instant soil construction project, there was an act of interference with construction as shown in the attached Table (hereinafter “instant construction interference”) from the operator of the nearby the construction site, and the construction was suspended during the pertinent period of interference. As a result, the Plaintiff delayed construction and completed the instant soil construction project, which was the last part of the soil construction project, around February 2017.
Serial Payment Date 1: (a) KRW 16,34,00,000 on December 6, 2016, 201; (b) KRW 16,486,00 on January 2, 2017; (c) KRW 486,00 on January 19, 2017; (d) KRW 8,000,000 on January 20, 2017; and (e) KRW 69,50,000 on February 16, 2017; and (e) KRW 141,880,000 on March 7, 2017; and (e) the Defendant directly paid KRW 14,92,00 on the construction price under the instant subcontract to the Plaintiff; and (e) the Defendant directly paid KRW 16,00 on the basis of the following table to the Plaintiff.
[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 46,700,000 (=203,500,000-156,800,000) and the delay damages therefrom.
B. The part on the claim of the cost incurred in the additional construction is the Plaintiff’s assertion.