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(영문) 서울고등법원 2019.01.11 2018나2009454

공사대금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

Basic Facts

Plaintiff

A (hereinafter referred to as “Plaintiff A”) and B (hereinafter referred to as “Plaintiff B”) constituted a joint contractors and supplied D construction works (hereinafter referred to as “D construction works”) from the Defendant on December 27, 2001 through a long-term continuing construction contract.

In this regard, the plaintiffs and the defendant entered into a contract with the construction period from December 27, 2001 to December 31, 2001, with the construction amount of KRW 100,000,000, and with the total construction amount of KRW 68,66,400,000, with the total construction amount of KRW 68,66,40,000, with the total construction period of KRW 68,666,40,00, and with the total construction period of KRW 1,440 from December 28, 201 to December 1,440.

The Plaintiffs and the Defendant concluded an annual contract on several occasions as shown in the annexed sheet, modified it by reason of design change, etc., and modified the total construction period and total construction cost as stated in the process.

(hereinafter referred to as “the annual contract” and “the total cost and total construction period additionally stated at the time of the first contract” are collectively referred to as “the overall contract”). The former General Conditions of the Construction Contract, which are reflected in the details of the first contract at the time of the conclusion of the contract, was amended by the Accounting Rules 200.04-104-14, May 25, 2006.

c. The term “general conditions of the pre-amended construction contract”

(1) In the case of a contract for a construction project, in addition to cases under Articles 20 and 22, if it is necessary to adjust the contract amount due to a change in the terms and conditions of the contract, such as a change in the distance of construction, the contracting officer shall adjust it to the extent that it does not exceed the actual cost according to the changed terms and conditions.

(4) In cases under paragraph (1), when the contract price is increased, the other party to the contract shall apply.