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1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:
The plaintiff shall pay 100,435,005 won to the defendant.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the ground of the Plaintiff’s claim
A. The gist of the Plaintiff’s assertion changed the construction cost to KRW 1,617,39,00 as stated in the evidence No. 4 (Account Statement) upon agreement on September 30, 2010. The Plaintiff additionally paid KRW 66,020,00 for the additional construction work following the design change, KRW 24,960,00 for the access packing work required by the Defendant, and KRW 9,159,90 for the construction cost as the water level measurement work.
However, the Plaintiff completed the instant construction on or around March 21, 201, which was around March 21, 201, the time following the completion of the instant construction project, and the Defendant is obligated to pay to the Plaintiff the remainder of KRW 599,478,90 for the construction cost plus KRW 66,020,000 (= KRW 24,960,000,000, KRW 960,159,900), excluding the total construction cost already paid by the Defendant, as well as KRW 1,118,00,000,00 for the remainder of KRW 59,478,90 for the construction cost.
B. The Plaintiff and the Defendant initially set the contract amount of KRW 2,424,250,00 in total under the contract of this case, but the contract amount was changed to 70% of the design amount by type of work except for the number of machine contract amounts, power generators, the costs of materials in the burner valves, and labor costs by type of work upon agreement on September 30, 2010, as seen earlier. As to the specific contract amount, the Plaintiff claims KRW 1,617,339,00 as stated in the evidence No. 4 (the cost of construction work) and the Defendant claims KRW 29-2 (the same as the statement of cost of construction work, Eul evidence No. 56-2) as stated in the evidence No. 29-2 (the cost of construction work, Eul evidence No. 56-2).
The plaintiff asserted the construction cost of KRW 1,617,339,00 based on the evidence No. 4, but the defendant asserted the evidence No. 4.