(영문) 부산고등법원 2018.10.11 2017나58765

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Reasons

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(영문) 부산고등법원 2018.10.11 2017나58765

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The defendants' lawsuit acceptance is based on the lawsuit acceptance of the defendants.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the dismissal or addition as set forth in paragraph (2) below.

2. The part of “the Defendant” used or added shall be read as “A”, and this Court shall be read as “the first instance court” collectively.

3. The following shall be added after the 2nd of the table:

C. The Defendants’ litigant A died on September 20, 2017, during which the instant lawsuit was pending.

(hereinafter “the deceased”). Accordingly, this Court taken over the lawsuit by Defendant G, Defendant H and I, the inheritor of the deceased.

3) Under paragraph (2) below, the part of the Plaintiff’s assertion is as follows. On June 20, 2014, the Plaintiff, including the deceased and the 133,800,000 additional construction cost of the deceased, and the 141,967,875 won of the subcontract construction cost higher than the time of the initial contract, and the Plaintiff’s direct increase in construction cost, and profits from construction, 330,000,000 won (including value-added tax; hereinafter the same shall apply).

(2) The Plaintiff agreed to increase the construction cost of KRW 2,062,50,00 (including the first construction cost of KRW 1,732,50,000,000, value added tax, and KRW 330,000). The Plaintiff received KRW 1,739,05,280 from the Deceased as the construction cost, and the remaining construction cost of KRW 323,494,720 (i.e., the changed construction cost of KRW 2,062,50,500 - KRW 1,739,005,280). As such, the Defendants, the deceased’s inheritors, are liable to pay the amount of each inheritance share and damages for delay during the remainder of the construction cost.

4. From 19 to 21 vehicles shall be cut down as follows:

As a result, the Plaintiff demanded the payment of KRW 133,80,000 for the additional construction cost due to the modification of the design, there is a modified construction contract of this case that increases the amount of KRW 330,000 to the additional construction cost after about 20 days from the date of dispatch of the official document of this case.

참조조문

-민사소송법 제420조

유사 판례

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-광주고등법원(전주) 2015.10.22 2014나3226

-서울고등법원 2018.12.06 2016나2057411