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Reasons
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(영문) 서울고등법원 2018.09.11 2017나2073281
공사대금
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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. On April 2014, the Plaintiff and the Defendant: (a) determined by the Defendant as the contract price of KRW 1,919,00,000 (including value-added tax) that “the construction of a new D kindergarten building on the ground level 1 and 3rd above ground level on the land level other than Yongsan-gu, Yongsan-gu; and (b) received the contract from the Defendant.”

(hereinafter the above building "the building of this case" is "the building of this case" and the above construction "the building of this case" is "the construction of this case", and the contract for the above construction is "the contract of this case").

(1) On June 2014, the Plaintiff started and started the instant construction project, and around November 10, 2014, the Plaintiff requested the Defendant to “to increase the construction cost due to additional construction works, but to increase the construction cost by reflecting the fact that the additional construction works are anticipated” (hereinafter referred to as “written request for increase in the construction cost”).

(2) The Plaintiff and the Defendant, on November 21, 2014, drafted a written contract on the instant construction work, “The contract amount of which is increased by 220,00,000 won” (hereinafter referred to as “instant contract”). The Plaintiff and the Plaintiff, on November 21, 2014, prepared a written contract on the instant construction work, including the details of the total construction cost anticipated by the Plaintiff, in total, KRW 1,828,847,861, but the total construction cost is expected to be KRW 2,06,70,000 due to the additional construction work. As such, the difference in the amount is expected to occur and the Plaintiff was faced with a situation that the Plaintiff is unable to cope with.

Contract for Construction Works

1. Name of the Corporation: New Corporation of a D kindergarten;

2. Construction site: C, and two parcels outside the limit of tolerance-si;

3. Term of contract: from June 2014 to October 4, 2014: Contract amount - KRW 1,919,00,000 (including value-added tax) - Additional amount of KRW 220,00,000 (including value-added tax);

5. Payment of the price;

(a) Advance payments: 300,000,000 won - When concluding a contract;

(b) 1.

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