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(영문) 서울고등법원 2015.01.29 2014나2016348

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) On March 28, 2011, the Defendant entered into a contract for construction works and a modified contract, and the Plaintiff and the Defendant newly incorporated the “A” (hereinafter “instant newly incorporated construction”) into the Plaintiff.

The contract amount was 9,382,610,00 won (including value-added tax) and the construction period from April 1, 201 to March 31, 2012, each of which was set as 1/1,000 of the contract amount for delay (hereinafter “instant contract”).

(2) After the instant contract, the terms and conditions of the contract, special conditions, specifications, site descriptions, calculation sheets, etc., attached to the instant contract are also stipulated as part of the contract. (2) After the instant contract was modified as follows due to the Defendant’s request or price fluctuations.

Details of the change in the reasons for the change in the date of the contract for the change, on December 26, 201, in detail 1, 201, the authority awarding the contract (soil contamination-related contract) shall add the total contract amount of KRW 9,756,720,000 to the total contract amount of KRW 9,756,720,000 by May 25, 2012, and the total contract amount of KRW 9,826,020,000 to the total contract amount of KRW 9,826,020,000 (finally until September 15, 2012, adding the change in the deadline for completing the construction (on-site conditions, such as civil petitions) to the total contract amount of KRW 10,764,081,000 to the total contract amount of price fluctuation and price fluctuation added to the total contract amount of KRW 10,764,000 on July 10, 2012.

(B) Upon entering into a construction management contract with the Plaintiff, the said management body submitted a completion report to the instant construction management body on September 17, 2012. (B) On the same day, the said management body attached a list of the non-completions or defects to the Plaintiff on the same day.