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1. The plaintiff's appeal and the claim for the exchange change in this court and the conjunctive claim added by this court.
Reasons
1. The reasoning for this part of the reasoning is as stated in Paragraph 1 of the judgment of the first instance, except that the second and fifth " October 25, 2013" among Paragraph 1 of the reasoning of the judgment of the first instance is deemed as " around November 25, 2013," and thus, the reasoning for this part is as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. C Corporation contracted by the Defendant, the primary cause of the claim, from Jincheon-gun, has increased the construction cost by approximately 244% due to design changes, increase in quantities, etc.
D, however, even though the design change and increase in quantities, D continued the construction of reinforced concrete only within the scope of the existing construction price and continued the construction of reinforced concrete more than 50-60% of progress payment, and continued the construction on August 2013.
Accordingly, upon the Defendant’s request, the Plaintiff made an agreement with D or Defendant on behalf of the subcontractor for the remainder of reinforced concrete construction works and civil engineering works, including personnel expenses, equipment expenses, material expenses, etc., and then settled the amount repaid on behalf of the Defendant, which would be paid by the Defendant, or would be paid by such methods as increasing the Plaintiff’s construction cost (hereinafter “instant agreement”). Since the instant agreement has a partial comprehensive right of representation as the site director, the Plaintiff is authorized to conclude the instant agreement on behalf of the Defendant, or at least as the expression agent under Article 126 of the Civil Act, and there is justifiable reason to believe that the Plaintiff is authorized to do so.
In addition, the Plaintiff spent a total of KRW 564,265,80 in accordance with the attached Form No. 564,265,800 as stated in the attached Form No. 1 of the expenditure statement (amended). As such, the Defendant shall pay to the Plaintiff the agreed amount of KRW 564,265,80 as well as damages for delay from April 15, 2015 to the date of complete payment.
B. E, the Defendant’s on-site director, as the ancillary cause of the claim.