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(영문) 서울고등법원 2017.07.05 2015나24623
전기공사대금
Text

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

2. The total cost of the lawsuit.

Reasons

1. After remanding the case, the Plaintiff sought payment of KRW 564,00,000,000 in total, including the additional construction cost of KRW 338,90,000 among the new construction cost of the second section (52 households) among the new construction cost of the second section (hereinafter “the first construction”) of the second section (52 households) and the second section (hereinafter “the second section”) of the new construction cost of the second section (375 and the new construction cost of the second section) of the 375 and 10 lots of land (hereinafter “the second construction”). The court of first instance rejected all the Plaintiff’s claim.

Therefore, in the trial before remanding after the plaintiff's appeal, the amount of the first construction work shall be reduced to KRW 275,00,000, and the amount of the second construction work shall be expanded to KRW 357,600,000 as a whole by expanding the amount of the second construction work to KRW 632,60,000. The trial before remanded the portion of the claim for the second construction work shall be KRW 243,80,000 among the claims for the second construction work and KRW 225,10,000 among the claims for the second construction work, the court dismissed the remainder of the claims for the payment of KRW 5% per annum from October 29, 2011 to June 27, 2012, each of which shall be 20% per annum, and each of which shall be 20% per annum from the next day to the date of complete payment.

Accordingly, the appeal was filed against the part against the defendant only, and the Supreme Court reversed and remanded the part against the defendant in the judgment before remanding.

In light of the above process of litigation, the claim for additional construction cost of the first construction is already separated and finalized, and the scope of the trial after remanding is limited to the claim for additional construction cost of the second construction.

2. Basic facts

A. On November 24, 2006, the Plaintiff attended the site site conference for bidding of the second construction works executed by the Defendant and received the official statement from the Defendant to compute the estimate of the second construction works. The official statement contains the material quantity column as to the calculation of the material cost, but the material price column is the material cost column.

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