1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) the “Witness D” of the third party 16 of the judgment of the first instance is deemed as “D’s witness of the first instance court; and (b) the “Expert E” of the third party 17 is deemed as “Expert E of the first instance court,” and the corresponding part of the judgment of the first instance is deemed as identical to that of the first instance court; and (c) thus, it is acceptable in accordance

2. Determination as to the cause of action

A. The Plaintiff was awarded a contract for the instant construction work from the Defendant as KRW 2,531,50,000 for the construction cost, and the Plaintiff partially executed the instant construction work, and the Plaintiff’s failure to perform the construction work was 6.8736%. As seen earlier.

The defendant is obligated to pay the construction cost according to the above-mentioned ratio to the plaintiff.

B. The Plaintiff asserts that since the design of the instant construction project was modified on the four occasions, but the second and fourth changed drawings were not provided to the Plaintiff, and accordingly the contents of the instant contract were not modified, the construction work of this case should be calculated on the basis of the first permitted drawings rather than the fourth changed drawings which the appraiser E of the first instance trial used as the basis for appraisal. The construction work of this case should be computed on the basis of the first permitted drawings. The construction work of this case should be computed on the basis of the rate of 11.608% calculated on the basis of the first permitted drawings by the court appraiser K at the 293,856,520 won (2,531,50,500 won (2,531,500,000 won) applied to the rate of 2,531,500,000 won (per 11.608%).

In cases where the construction cost of an incomplete building is to be settled, the construction cost shall be calculated by applying the agreed construction cost to the ratio of the base amount and the construction cost calculated based on the construction cost actually required or to be required for the non-execution part, and the completed and ratio of the construction cost is the ratio of the expenses already incurred in the completed part of the total construction cost, which is the ratio of the construction cost to the total construction cost required for the completion of the non-execution part.

Supreme Court Decision 94Da29300, 94Da29317 delivered on June 9, 1995