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(영문) 대전지방법원 2019.05.22 2018나110057
공사대금
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.

Reasons

The reasoning for this court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for the parts dismissed or added under paragraph (2) below, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. Of the reasoning of the judgment of the court of first instance, the following is added to the part which is dismissed or added.

The plaintiff asserts that, in the first instance judgment, only 124,305,545 won out of the remainder other than the amount cited in the first instance judgment from totaling 190,079,523 of the housing repair construction cost, factory expansion construction cost, concrete packing construction cost per marina, printing panel additional construction cost, and additional construction cost for each government office's supplementary construction cost, and the conjunctive claim for the remainder 124,305,545 won excluding the amount cited in the first instance judgment from total of the above construction cost 159,818,530 won and the remainder 124,305,545 won excluding the amount cited in the first instance judgment, or 53,217,485 won which are the amount claimed in the complaint, each of the above claims by the plaintiff is merely a difference claim based on the method of calculating the additional construction cost, and thus, it cannot be a separate preliminary claim.

“On the other hand, the Plaintiff, upon the Defendant’s request for the repair of the house, spent 20,243,885 won in total by performing the repair works for the 23 million won and the repair works for the building site, the extension of the walls, the construction works for the building site, the construction works for the removal of floors, the construction works for the installation and alteration of the entrance, the construction for the main integration, the construction for the installation and alteration of the external walls, the construction for the installation of the external walls and soundproof materials, and the construction for securing the site for the installation of the system air conditioners. The Defendant requested that the outer walls of the first floor located inside the wall of the second floor be expanded to the second floor, and the construction for the removal of the existing parts and the outer walls should be separately paid, and thus, the Plaintiff alleged that the additional construction costs for the 9 additional construction should be deemed to have been paid in KRW 20,243,885,00. However, as for the fact that the Defendant spent KRW 5,295,500 as the additional construction costs.

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