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(영문) 부산고등법원 2017.11.09 2017나51191

공사대금

Text

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

Reasons

1. Grounds for this part of this Court shall be stated in the attached Form No. 7.

1. Additions the following provisions to the "Adjustment of the Contract Price due to Modification of Design":

4. Other provisions under Section (c) of the “Adjustment of the Contract Amount due to the amendment to the terms and conditions of the contract” are as follows. In addition to the fact-finding results of this court’s fact-finding results on the Yeongdeungpo-gu Busan Metropolitan City in Busan Metropolitan City, Busan Metropolitan City, as well as the fact-finding results of the first instance court’s fact-finding results on the Young-gu in Busan Metropolitan City, the relevant part of the reasoning of the judgment of the first instance is identical to that of the corresponding part (including attached Form).

The ratio of increase and decrease in the contract amount under "A" and "B, such as indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, and general management expenses and profits, shall be the ratio of increase, such as the ratio of indirect labor expenses, the ratio of industrial accident insurance premium and occupational health and safety management expenses on the calculation sheet, and the ratio of general management expenses and profit, but shall not exceed the ratio determined by relevant

[Additional Provisions]

(c)in the case of “A”, “1. D” shall apply mutatis mutandis;

【Amendment Clause】

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was extended for about 20 months due to the Defendant’s cause attributable to the period of the instant construction project. As such, from July 5, 2012, the original completion date of the instant construction project, to February 23, 2014, which was the date of completion of the instant construction project pursuant to the final six amendment contract, the Plaintiff sought reimbursement for total of KRW 114,559,223 of indirect construction costs, such as indirect labor cost, expenses, general management cost, profits, and delay damages.

B. The gist of the Defendant’s assertion ① The Plaintiff applied for the adjustment of the contract amount according to the extension of the construction period until the construction is completed after the completion of the construction after the completion of the implementation of the part to which the contract was modified.