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Reasons
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(영문) 대전지방법원 2020.12.22 2020나104673
공사대금
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All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal.

Reasons

1. Summary of grounds for appeal;

A. Plaintiff 1) The initial construction cost that the Defendant did not pay is KRW 21 million, and the Plaintiff’s additional construction cost is KRW 33,396,524 (the Plaintiff asserted in the first instance trial that KRW 33,396,524 plus value-added tax of KRW 36,736,176, while the Plaintiff asserted that KRW 33,39,524 plus value-added tax of KRW 33,39,652 was modified in the trial.

(2) The Plaintiff is obligated to pay the Plaintiff the remainder of KRW 25,91,400,00,000, after deducting the claim amount of KRW 28,405,124 against the Defendant (i.e., the damage claim amounting to KRW 27,05,124 in lieu of defect repair) from the claim amounting to KRW 28,405,124 (i.e., the damage claim amounting to KRW 800,00,000,000,000 for the boiler in lieu of defect repair).

B. Defendant 1) ought to recognize the amount of damages in lieu of defect repair as KRW 46,616,924 (see, e.g., Supreme Court en banc Decision 46,616,924, supra, the amount of damages was reduced to KRW 46,616,924 at the trial.

(2) There was an express agreement between the Plaintiff and the Defendant to limit the additional construction cost to KRW 6 million, and thus, there was no agreement on the additional construction cost. Therefore, the additional construction cost exceeding KRW 6 million should not be recognized.

3) The Plaintiff’s claim for the construction cost is KRW 27 million (i.e., the unpaid construction cost of KRW 21 million). Meanwhile, the Defendant’s claim against the Plaintiff is KRW 48,016,924 (i.e., the damages claim KRW 46,616,924 in lieu of defect repair (i.e., the amount of KRW 80,000,000 for the installation of boiler 80,000,000 for the total amount of KRW 46,616,924 in lieu of defect repair). As such, there is

2. We affirm the fact-finding and determination by the court of first instance, even in addition to the grounds for appeal by the plaintiff, the defendant, and the evidence additionally submitted by the defendant in the trial.

As seen earlier, the Plaintiff changed the construction cost from KRW 36,736,176 to KRW 33,396,524, and the Defendant.

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