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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 271,334,97 and KRW 103,623,416 among them.
Reasons
1. In the first instance court, the Plaintiff claimed for the payment of the total amount of KRW 1,432,533,940 for the unpaid construction costs and the additional construction costs, and the first instance court rendered a judgment on July 15, 2015 that ordered the Defendant to pay KRW 90,337,68 and the amount calculated at the rate of 20% per annum from August 7, 2010 to the date of full payment, and the amount calculated at the rate of KRW 167,30,682 per annum from the Plaintiff to the date of full payment. On the other hand, the Plaintiff ordered the Defendant to pay KRW 167,30,682 at the same time as the Plaintiff received the warranty bond equivalent to KRW 167,30,682 per annum. The Plaintiff’s remaining claims are dismissed.
Accordingly, the Plaintiff filed an appeal to the effect that only the part against which the Plaintiff lost was revoked, and the claim for the payment of KRW 711,268,645 and the damages for delay was reduced.
Therefore, the difference equivalent to the difference between the original claim amount and the claim amount reduced as above shall be excluded from the scope of the judgment of the court of first instance as to the total amount of the construction cost as claimed in the judgment of the court of first instance, and damages for delay of total amount of KRW 257,638,370, and damages for delay of KRW 90,337,68, all of which
2. Basic facts
(a) Construction works of road sections and structures which have been executed under a subcontract;
2. Subcontract project name: Construction of structures at road sections among the C works;
3. Construction place: D from Jung-gu Incheon Jung-gu E.
4. Period of construction: 682,00,000 won (including value-added tax) for the construction period on June 15, 2007, and June 1, 2009.
6. Payment of the price;
(b) The completed amount: (a) once a month, within 60 days from the date of receipt of the object; and
9. Defect repair deposit rate: 10. Liability period: The same period as the date on which the ordering person and the prime contractor have completed the warranty liability.
(b) The soil work in the road section;
2. Subcontract project name: Earth works in road sections among C works.
3. Construction place: D from Jung-gu Incheon Jung-gu E.
4. Period of construction: Other parts of 1,573,00,000 won (including value-added tax) for the contract on August 24, 2007, and June 15, 2009 as completion.