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(영문) 서울고등법원 2015.12.18 2015나2034329

공사대금

Text

1. The plaintiff's appeal and the claim extended in the trial, and the defendant's appeal are all dismissed.

2. After filing an appeal.

Reasons

(3) The Plaintiff and the Defendant agreed to the cost of the instant construction work as follows: (1) WALK WY (DICONINS S/WOX 1); (2) design and material supply and installation work to the part of Trawls, among the 2nd COL, to 00,000,000,0000,0000,00000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000: 7.0,000,000,000,000,000,0000,000,0000,0000,000,000,0000,0000,0000,0000,0000,0000,000,0000.

D. On August 23, 2012, the Defendant, through a staff member A in charge of the instant construction project, stated “In the event that the contract quantity increases or decreases by more than 5% based on the cable quantity used for the instant construction, the Defendant would settle the total amount of the contract amount.” The Plaintiff did not raise any particular objection, and the said content was written in the minutes.

In addition, according to the agreement that the original contract amount of KRW 880,000,000 was reduced to KRW 795,000,000 at the above meeting, the plaintiff and the defendant entered into an alteration contract, and the modified contract date (Evidence A2-1) was written retroactively on July 16, 2012.

(e).