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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Determination on the cause of the claim
A. In light of the absence of dispute or the overall purport of evidence Nos. 1-1, 2, and 1-1, 1-2, and 1-1, and 1-1 of appraisal of appraiser D, and the result of the appraisal commission to appraiser D, this comprehensive construction company (hereinafter “this comprehensive construction”) awarded a contract from B for new construction works, such as detached houses, E and four lots of land, etc. (hereinafter “instant construction”) to the Defendant. The Defendant re-subcontracts the said construction work to the Plaintiff on July 2014 (including value-added tax) with the construction cost of KRW 1,067,00,000 (including value-added tax) and KRW 1,067,00,000,000; ② the construction cost under the re-subcontract is within KRW 1,00,000,000,000,000,000,000,000,000 won or more per month; ③ the construction cost for the remaining construction cost for the construction work was completed (Article 160, 160,70140.6
B. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 64,201,390 (= KRW 1,067,00,000 x 6.017%) and the delay damages therefrom, calculated at the rate of 6.017% of the total construction cost agreed upon by the Plaintiff.
2. Judgment on other arguments by the parties
A. The Plaintiff alleged to the effect that, in addition to the above construction cost, indirect construction cost should be additionally acknowledged. However, the appraisal result as seen earlier was calculated based on the result calculated including both indirect construction cost and the Plaintiff and the Defendant.