1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. The plaintiff filed a claim for the payment of the construction cost, additional construction cost, and delay damages for progress in the first instance court. The first instance court recognized the total of KRW 173,462,500, total of KRW 138,196,50, and KRW 35,266,50, which is a part of the claim for additional construction cost (= KRW 35,260,000, which is a part of the claim for additional construction cost) and accepted the defendant's claim for the reduction of construction cost due to the defendant's design modification (= KRW 37,64,950, which is 135,797,550 (= KRW 173,462,500 - KRW 37,64,950), and partially accepted the defendant's claim for the payment for delay, and accepted the plaintiff's claim for a set-off.

Accordingly, the plaintiff only appealed against the part against the plaintiff, and the court partially reduced the purport of the claim for the additional construction cost, reduced the claim for the damages for delay from the first instance court, and was entitled to the deduction of the damage claim amount in lieu of the defect repair recognized in the first instance court, but the defendant did not appeal or incidental appeal.

Therefore, the scope of the judgment of this court is limited to the portion dismissed in the first instance of the claim for additional construction cost, the remainder of the claim for construction cost and the claim for damages for delay, which was accepted by the defendant's claim for reduction and set-off claim with the compensation for delay and dismissed.

However, in order to examine the propriety of a claim that falls under the scope of adjudication, it is inevitable to examine the overall process of the claim, such as the occurrence of the claim, etc., and it cannot be said that it goes against the purpose of restricting the scope of adjudication (see Supreme Court Decision 2002Da67321, Apr. 11, 2003). Thus, the part recognized by the first instance court in order to determine the scope of adjudication of this court shall also be stated in the reasons.

2. The reasons why this court shall state this part of the basic facts are stated are, except where the third party of the judgment of the first instance applies the "building load" of 12 as "building permit".