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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 1,015,803,465 and KRW 541,00,000 among them.
Reasons
1. The reasons for this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases, since the court's reasoning is the same as that of Paragraph 1 of the judgment of the first instance.
[Supplementary part] Under the 8th sentence of the judgment of the court of first instance, the amount of KRW 383,460,000 was revised to “the amount of KRW 5 was paid” and the amount of KRW 383,460,000 was paid to D on December 23, 2016 according to the direct payment agreement entered in the said item in the said item.
2. Determination as to the cause of action
A. Among the instant separate construction works, the part on the claim related to the Rotterdam Corporation among the instant separate construction works (A) the gist of the Plaintiff’s assertion is as follows. Among the instant separate construction works, the Rotterdam Corporation ordered the Defendant directly to D, and is not included in the instant separate construction contract. As such, from the contract price of the instant separate construction contract, the amount of KRW 1,595,000,000 (including value-added tax) should be excluded from the contract price of the instant separate construction work.
B) If Rotterdam Corporation is included in the instant separate construction contract, the Plaintiff increased the contract amount to KRW 1,925,00,000 (including value-added tax) for the separate construction contract with D on May 31, 2016. Thus, the Defendant shall pay the Plaintiff KRW 330,00,000 as the additional construction cost of the said interior construction contract (= KRW 1,925,000 - KRW 1,595,000 - KRW 1,595,000) for the instant separate construction contract. 2) The Defendant’s total sum of KRW 943,40,00,000 for the instant separate construction contract among the separate construction contract with D, based on the facts that the Plaintiff entered into the first five separate construction contract with the Plaintiff as the contract amount of KRW 12-2,35,00,000 for the instant separate construction contract, and KRW 9,500,000 for each of the instant separate construction contract with the Plaintiff.
However, Gap evidence 1, .