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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. A claim for construction cost of a new factory
A. On October 11, 2011, the Plaintiff entered into a construction contract with the Defendant for a new construction of a factory on the land of Pyeongtaek-si C and D (including value-added tax) with a contract for a construction project to increase the price of KRW 890,100,000,000 (including value-added tax) from the Defendant. On April 10, 2012, the Plaintiff entered into an alteration contract with the Defendant to increase the price to KRW 1,56,000 (including value-added tax) and completed the construction project (Evidence 3 and 10).
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 210 million (i.e., KRW 1.., KRW 56 billion - KRW 846 billion) and damages for delay, deducting the remainder of KRW 846 billion, for which the Plaintiff had been paid the construction price from the Defendant, at KRW 1.5 billion for the changed construction price (i.e., KRW 1., KRW 56 billion) and the damages for delay.
However, in addition to the sum of KRW 596 million from October 19, 2011 to November 16, 2015, where the Plaintiff is a person who is a party to the payment of the construction cost, the said KRW 846 million includes KRW 150 million from September 22, 2011, which was before the conclusion of the said construction contract, and KRW 100 million from July 10, 201, but this part of the claim for the construction cost is accepted within the scope of the amount claimed by the Plaintiff.
B. The Defendant’s assertion 1) The summary of the Defendant’s defense was that the Plaintiff paid the Plaintiff additional KRW 17,538,000,000,000 to the cost of construction, as well as KRW 846,000,000,000,000,000,000,000 to the Plaintiff. In addition, the Defendant paid the Plaintiff KRW 5.28,000 as of October 10, 201, KRW 5.1 million as of December 31, 2012, KRW 5.1 million as of June 4, 2013, KRW 10,000 as well as KRW 5.1 million as of February 17, 2014, KRW 17,538,000 as of May 21, 2014, KRW 5.1 million as to the performance of the obligation to the Plaintiff (i.e., KRW 5., KRW 5.51 million as of the performance).