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(영문) 서울고등법원 2017.08.17 2016나2074720

공사간접비

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order.

Reasons

1. Basic facts

A. On March 21, 2008, the Seoul Central District Court decided to commence a rehabilitation procedure (the case of the above court 2008 Gohap13), and on March 18, 2009, B, the representative director of the company A, was appointed as the administrator.

On August 24, 2016, while the instant lawsuit is pending, the said rehabilitation procedure was concluded, and A took over the instant litigation procedure.

(hereinafter referred to as "Plaintiffs" in total, without distinguishing between before and after the commencement of rehabilitation procedures and before and after the commencement of litigation.

(1) On September 6, 2005, the Plaintiff entered into a contract for construction works with the Defendant for the “Road Packing Works” (hereinafter the above construction works referred to as the “instant construction works”), and the said contract is referred to as the “instant contract.”

(2) The construction amount under the instant contract was KRW 34,83,400,000 and the construction period was from September 8, 2005 to September 7, 2009.

3) The general terms and conditions of the construction contract of the local government, which is the content of the instant contract (hereinafter “general terms”).

(C) The main provisions of the instant contract were as indicated in the annexed “relevant Provisions”. C. The Plaintiff entered into a contract with the Defendant to modify the instant contract as indicated in the table below (a modification of design, price fluctuation, etc.). As a contract was entered into on five occasions on the grounds of the modification of design, price fluctuation, etc., the contract price was increased.

Among them, the period of construction has been extended in the second and third changes contracts, but the period of construction has not been extended in the first, fourth and fifth changes contracts.

On the other hand, the construction period was extended on four occasions without the increase in the contract amount.

2) On September 21, 2007, 207: (a) an increase in the contract amount as of the date of completion of the agreement on the date of the division contract (the first day of the first day of the first day of September 34, 2005,83,883,400,000 on September 7, 2009; and (b) an increase in the first day of the completion of the agreement on the date of the division contract (the first day of September 34, 2009 on September 35, 2009,756,130,000 on September 38, 200, 200 on September 31, 2009; (c) a change in the second day of the contract on April 31, 2009 on April 31, 200, 156,870,0000; and (d) a change in the third day of price fluctuation;