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(영문) 서울고등법원 2019.06.12 2018나2013040

공사대금

Text

1. The decision of the first instance court, including the plaintiffs' claims added by this court, shall be modified as follows:

Reasons

1. The reasoning for this part of the facts by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the change of the attached Form 1, 2, and 3 attached to the judgment of the court of first instance into the attached Form attached to this judgment. Thus, this part shall be cited in accordance with the main sentence of

(hereinafter referred to as "each of the instant construction works" in total, of E, F, and H tools, and the contract for each of the instant construction works, including E, F, and H tools, shall be deemed to be "each of the instant construction works," and the contract for E, F, and H tools, including the contract for continuing expenditure after the amendment to the contract for continuing expenditure, shall be deemed to be "each of the instant continuing expenditure contracts"). 2.

A. The Plaintiffs’ assertion 1) In the case of the construction works of the Section E, Plaintiffs A and B had additionally spent indirect construction costs due to the extension of the completion period from November 24, 2012 to September 30, 2016 due to the causes not attributable to the said Plaintiffs. In the case of the construction works of the Section F, Plaintiff A had additionally paid indirect construction costs due to the extension of the completion period from March 25, 2014 to June 30, 2016 due to the causes not attributable to the said Plaintiff, the extension of the completion period from March 25, 2014 to June 30, 2016. In the case of the H Section construction works, Plaintiff A and C had additionally paid indirect construction costs due to the extension of the completion period from May 8, 2012 to September 30, 2016. According to the general terms of each of the construction contracts of this case, the Defendant need not claim an additional adjustment of the contract amount from each of the Plaintiffs within the scope of 16 months.