beta
(영문) 서울고등법원 2018.11.07 2018나2022853

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. The following circumstances, which are acknowledged prior to the determination of the cause of the claim and the evidence employed by the appraiser I, together with the results of appraiser I's appraisal and the purport of the entire pleadings, (i) the Plaintiff and the Defendant have continuously discussed construction methods and quantities at C's request during the process of construction of the mechanical facility of this case; (ii) the Plaintiff spent expenses exceeding the scope set forth in the subcontract of this case at the request of the Defendant and C; (iii) the contract price increase due to the conclusion of the modified contract on the original contract of this case between the Defendant and C at the request of the Plaintiff and the Defendant; and (iv) the Plaintiff submitted to the Defendant at the time of the modification of the contract of this case, at the time of the signing of the contract, the modification of the contract price of this case’s subcontract of this case’s 16,338,826 won (excluding value-added tax); and (iv) the modification of the contract price of this case’s subcontract of this case’s 160% as stated above; and (v) the amendment of the contract price of this case’s subcontract of this case’s 1816.