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(영문) 서울고등법원 2017.04.28 2016나2065108

공사대금

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases:

Section 4.2 of the first instance judgment is as follows. 2) On June 15, 2015, the administrator A of Gyeongnam Enterprise shall add to the Plaintiff on June 15, 2015 the amount calculated by applying the increase in the amount of the initial contract, the adjusted amount of the construction volume and the adjusted amount to Gap (the administrator A of Gyeongnam Enterprise) to B (Plaintiff) in accordance with the terms and conditions as adjusted by the ordering person and the rate of price reduction. If the bill discount was paid to B in advance or with the cost of construction, the bill discount as prescribed by the Fair Transactions in Subcontracting Act. In the event that the bill discount charge was paid to B, the interest for delay of payment as prescribed by the Fair Transactions in Subcontracting Act is not paid to B, the interest for delay of payment.

If Gap and Eul agreed upon the deducted amount of the service performance cost for Eul's service performance, the amount calculated by deducting the consideration from the construction performance cost for Eul's service performance when calculating the completed amount for each month. If there was an additional construction cost Gap and Eul's additional input for non-design construction work implemented under the agreement between Eul and Eul and Eul, all the construction cost and the incidental expenses incurred for the implementation of this agreement. If the construction period has been extended under the agreement between Eul and Eul, Eul's total indirect construction cost for the extended construction period. In the event of the extension of the construction period, Eul's total indirect construction cost for the extended construction period. All Eul's losses incurred during the implementation of this agreement and interest on the arrears for the expenses.

The subcontract price of this case, including the above, shall be settled at KRW 1,543,850,00,000, and the plaintiff later claims for additional compensation, civil and criminal disputes related to this case.