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(영문) 대전고등법원 2017.07.19 2017나11870

공사대금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On March 3, 2014, the Plaintiff entered into a contract between the Plaintiff and the Defendant, constituting a prime contractor and a joint contractor with respect to construction works for the expansion and modernization of the facilities of the agricultural products wholesale market (hereinafter “instant construction works”) from the Defendant, the construction cost of KRW 13,683,710,000, the date of commencement, and the construction period of March 7, 2014 and 730 days from the date of commencement.

After that, the said contract was finally changed on April 20, 2017, on June 21, 2016, the construction cost of KRW 14,443,354,00, and the date of completion.

The Ssco A&C architect (hereinafter referred to as the “Supervisory Group”) performed supervisory duties over the instant construction work.

On March 19, 2013, which was before the Defendant ordered the instant construction work, the Plaintiff’s construction work and the change of construction method (hereinafter “Scling engineering”) conducted a ground investigation report to the Defendant around June 2013. Accordingly, the file construction among the instant construction work is a construction work conducted by inserting cement and inserting file with the Defendant, and then installing file with the Defendant by going through a racing machine.

have been completed as specifications to be executed.

The Plaintiff subcontracted file construction among the instant construction works to the Chungcheong Port Co., Ltd. (hereinafter “Pung Port”). On July 6, 2015, the Plaintiff, the Chungcheong Port, and the Supervisory Board had a meeting in preparation for the commencement of multiple file construction works among the instant construction works.

Before July 17, 2015, the Chungcheong Port was conducted through the DRA method from the point of Ma58 on July 17, 2015 to the DRA method, but the excavation has not been properly conducted at a point of 10-12 meters in depth, and the Shearth auger and soil-dried apparatus in T4 method.