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(영문) 서울고등법원 2018.07.19 2017나2060261
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “this Court” of the first instance court’s decision that is dismissed or added shall be considered as “the first instance court” collectively.

The term "inter-party between the third and third parties" shall be deleted from the judgment of the first instance.

The third side of the judgment of the first instance court shall be deleted from the "fire-fighting" in the third side.

On the third side of the judgment of the first instance court, the term "the plaintiff and the defendant" in the 10th sentence shall be read as "the plaintiff and the defendant".

In Part 8, "the plaintiff and the defendant" in Part 9 of the decision of the court of first instance shall be "the plaintiff and the defendant".

Part 8 of the judgment of the first instance court, the "a contract was concluded" in Part 16 and Part 17 of the judgment of the first instance shall be deemed to be "the preparation of the contract".

The following shall be added to "no evidence exists" in Part 9 of the judgment of the first instance.

According to the witness I’s testimony, the Plaintiff and the Defendant concluded each of the instant construction contracts by determining the final amount through specific negotiations on the construction cost. Thus, it is difficult to deem that the construction cost under each of the instant construction contracts is a provisional disposition scheduled to adjust the increase and decrease according to the actual execution details after the completion of the construction in the future) of the first instance judgment of the court of first instance, the “each of the instant contracts” as “each of the instant construction contracts.”

The following shall be added to the "restricted point" in Part 16 of the Decision of the first instance.

The defendant may not demand a change in the design or the change in the construction cost on the ground of price fluctuation, even though the special agreement provides that there is no change in the price or the change in the amount caused by price fluctuation, and if there is a change in the price, the contract price for the construction work may be changed.

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