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(영문) 서울고등법원 2019.12.12 2019나2005541

공사대금

Text

1. The judgment of the first instance, including the plaintiffs' first and second preliminary claims added by this court, is as follows.

Reasons

1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows, except for the cases where part of the facts are rewritten or added and deleted as follows, and it is identical to the part of “1. Basic Facts” from No. 3 to No. 713 on the grounds of the judgment of the first instance. Thus, this part is cited in accordance with the main sentence of Article 420

An abbreviationd name established in the judgment of the first instance is also used below the same.

[The part used for adding or deleting the construction] The third page 1 of the judgment of the court of first instance shall be deleted. The 7th page 2 and 3 of the judgment of the court of first instance shall be as follows. On January 17, 2013, the Plaintiff requested the Defendants to pay KRW 1,075,607,00 of the additional indirect construction cost on the ground that the completion date of the total construction period of the instant construction project was extended from June 23, 2012 to December 23, 2013. However, on November 4, 2013, the Defendant Hongcheon-gun requested the Plaintiffs to pay KRW 1,075,600 of the additional construction cost on the ground that the construction period overlaps with each other’s construction period, and it cannot be deemed that the construction period was extended due to lack of budget. ② Since the construction period was extended due to the increase in construction volume and the contract amount was adjusted, it did not constitute an object of adjustment for the amount of indirect construction cost.

In addition, on February 7, 2014, the Plaintiffs filed the instant lawsuit with the Defendants on the ground that the completion date of the total construction period of the instant construction project was extended from December 23, 2013 to January 23, 2014, including filing a claim for the contract amount adjustment and the payment of increased indirect construction costs arising therefrom. The Defendants were served with the copies of the instant complaint on March 24, 2014, but did not comply therewith.

'Nos. 7 through 10 shall be deleted from the 7th judgment of the first instance. The 7th judgment of the first instance shall be deleted from the 7th judgment. "No. 5 is obvious in the records and records" shall be added to the grounds for recognition.

2. The plaintiffs' assertion

A. The instant contract for a primary claim is a general contract.