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(영문) 서울고등법원 2019.05.29 2018나2008949

공사대금

Text

1. All appeals by the plaintiff (appointed party) and incidental appeals by the defendant B are dismissed.

2. The appeal costs.

Reasons

1. The reasons for this case, such as the acceptance of the judgment of the court of first instance, are the same as the reasons for the judgment of the court of first instance, except for the case in which the parties have reemphasized or added the arguments in this court, and thus, they shall be quoted in accordance with the main sentence of Article 4

2. Additional determination

A. The plaintiffs' assertion 1) The summary of the plaintiffs' assertion includes the remuneration for the part executed by the former G in the construction cost as stipulated in the contract of this case, and in addition, in light of the payment method and payment conditions as stipulated in Article 6 of the contract of this case, method of disposal of construction cost as stipulated in Article 38 (9) of the General Conditions, etc., even when the contract of this case is rescinded, the defendant B (hereinafter "the defendant")

(A) The plaintiffs shall pay the construction cost for the portion of the instant construction project executed by G in addition to the part directly executed by the plaintiffs. 2) The construction cost under the previous construction contract concluded between G and the defendant is KRW 760,00,000,000 as to the instant construction project was discontinued later, and the construction cost under the instant contract concluded between the plaintiffs and the defendant as to the remainder of the construction project was 830,000,000,000, and Article 6 of the instant contract was determined as to the time and amount of payment for the first to the fifth and fifth years, and Article 38(9) of the instant contract of this case provides that "the construction cost for the instant construction project shall be dealt with in all of the construction cost for the plaintiffs' construction project" (the aforementioned facts are acknowledged as follows), but the above facts or evidence alone submitted by the plaintiffs alone, that the plaintiffs are obliged to pay the part of the instant contract to G in addition to the part of the plaintiffs' construction work.