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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the
2. Determination on the cause of the claim
A. According to the above facts finding as to the claim for the unpaid construction cost, it is reasonable to view that the Plaintiff, the Defendant, and C agreed on the construction cost of September 7, 2015 as KRW 9,180,000,000. Thus, the Defendant is jointly and severally liable with C to pay damages for delay calculated at each rate of KRW 1.18,000,000,000 for the remainder after deducting the construction cost of KRW 9,180,000 from the construction cost of KRW 9,180,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000
B. The Plaintiff asserts that the construction cost has increased to KRW 1,2190,000 as a result of additional construction works equivalent to KRW 3,010,000, in addition to the above construction cost, and sought payment of KRW 3,10,000,000 as additional construction cost in addition to the above construction cost.
Where a contract for construction work is concluded by setting the total construction cost, the contractor does not have an obligation to pay the contractor the amount exceeding the original construction cost as the construction cost, unless there is a special reason to the contrary, but only there is a room for the contractor to pay the additional construction cost if the contractor has made an additional construction work under the additional construction agreement.
(See Supreme Court Decision 2005Da63870 Decided April 27, 2006, etc.). Furthermore, in a case where there is a dispute as to which part of the construction is included in the original contract or whether it is an additional construction, the purpose of the construction contract, the circumstances leading up to the contractor’s additional construction work, and the order of the contractor.