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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's request and the plaintiff's request concerning the above revocation part.
Reasons
1. The facts subsequent to the facts are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and Eul evidence Nos. 2 and 12 (including serial numbers; hereinafter the same shall apply).
On December 1, 2012, the Plaintiff entered into a contract with the Defendant for construction period of all civil engineering works (hereinafter “instant construction works”) excluding punishment as well as packing construction of the project site from December 1, 2012 to December 20, 2012; the construction cost of KRW 385,000,000 (value 35,000,000,000,000,000) (the supply price of KRW 35,000,000,000,000), the warranty bond of KRW 5,00 (in the event of submission of the surety insurance policy or the payment of the construction cost); the warranty period of the construction payment of the construction cost of KRW 1 year from the completion date of the construction work (hereinafter “instant contract”).
B. From December 3, 2012 to June 9, 2013, the Defendant paid a sum of KRW 340,315,850 to the Plaintiff as construction price. The Defendant paid KRW 95,330 to the Plaintiff totaled KRW 95,330 on December 2012 and January 2013.
C. On January 20, 2013, the Plaintiff completed the instant construction project and completed the construction site and completed it.
2. Determination as to the cause of action
A. The Plaintiff’s assertion was not paid KRW 44,684,150, out of the agreed construction cost by the Defendant. At the Defendant’s request, the Plaintiff has a claim for additional construction cost of KRW 16,560,00, KRW 2860,00, KRW 200, KRW 2000, KRW 2860,000, KRW 7,480,000, KRW 6,40,000, and KRW 16,50,00,00, total amount of site banking construction cost of KRW 6,40,00, KRW 69,80,00,00.
Therefore, the Plaintiff sought 103,439,150 won (69,684,150 won - 11,045,000 won) and damages for delay from the above amount after deducting 11,045,00 won for excellent irrigation of sewage constructed by the Plaintiff from the above amount.