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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On November 10, 2014, the Defendant entered into a contract with G Co., Ltd. (hereinafter referred to as “G”) on the construction of a new construction project located in the G G in the Gyeongdong-gun (hereinafter referred to as “instant construction project”), with the content that the construction cost of KRW 220,000,000 (including value-added tax), the date of commencement, November 11, 2014, and the expected date of completion as of December 30, 2014.
B. Since then, the Defendant increased the construction cost of the instant construction to KRW 275,00,00 (including value-added tax) with respect to the instant construction company B (the foregoing company G and the representative director; hereinafter the same shall apply), and the construction cost of KRW 275,00,000 (including value-added tax); and on September 24, 2014, the date of commencement is indicated as September 23, 2014 in the general building ledger (Evidence A No. 8).
On January 30, 2015, the expected date of completion was set as the date of the construction contract (hereinafter “instant contract”) and the contract date was set as September 25, 2014.
C. Around January 2015, an existing factory building under construction was operated, and a design was modified to additionally construct an office building.
On March 2015, the reinforcement retaining walls were collapsed during the construction works implemented by the non-party company, and the J factory wall was destroyed by the non-party company I located near the construction site of this case, and the defendant paid KRW 15,000,000 at the compensation for damage and the replacement cost of the wall board.
The name of the construction project (the agreement and the written consent of the non-execution of the construction works): The non-execution of the construction works shall be directly executed by the defendant and settled after completion by offsetting the amount of the non-execution works. The documents necessary for completion shall be provided to the defendant so that they may be completed. The amount of the construction works shall be settled after completion (all of the amounts of the construction works shall be delegated to the defendant at the time of settlement)
E. The non-party company discontinued construction works on April 1, 2015, and the following contents are as follows. The non-party company’s progress of construction works in this case is difficult due to the lack of funds, etc.