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(영문) 대구지방법원 2019.05.29 2018나307929
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant Counterclaim Co., Ltd. (Counterclaim Defendant) on 17.

Reasons

In light of the above legal principles, the Plaintiff’s assertion that the Defendant Company promised to perform construction works at his own expense. However, the Plaintiff’s assertion is insufficient to acknowledge the evidence of evidence Nos. 11, 12, and 13, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is rejected.

B) According to the evidence as above and the appraisal result of appraiser H of the first instance trial on the cost of installation of over 5,829,435 won and the appraisal result of the first instance trial, the Plaintiff agreed to supply the remainder except for the volume specified in the contract pursuant to the construction contract of this case. The contract specifications and the emersh quantity attached to the contract of this case at the time of the construction contract of this case are indicated as the corresponding part of the contract specifications attached to 2,001m2 (standard 6*100*100), which are attached to the construction contract of this case (Evidence 1). Since the emersh constructed in this case is below the corresponding part of the appraisal result of the construction work of this case, the Plaintiff’s additional part of the construction part of 2304.08m2 (standard 600*100) and 1635.70m2 (scale 80*1500) and the Plaintiff’s additional part of the construction cost of this case should be recognized as 3004m25,584,5844.

() Ultimately, the additional construction cost of the above item to be paid by the Plaintiff is KRW 209,731,00 (=303.08 square meters x 692,000 square meters), which includes the cost of materials and labor cost of 1635.70 square meters in the packaging part (=1635.70 square meters x 2,589,000 won).

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