logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.17 2018나2038100
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court of first instance should explain are as stated in the reasoning of the first instance judgment, except where the court or the plaintiff added a judgment on the argument that was made in this court as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

The 7th sentence of the first instance judgment "90.85%" of the 5th sentence shall be "90.85%".

The 8th 10th 10th 2th 10th 2nd 8th 10th 1st 10th 1st 1st 1st 1st 1st 1st 1st 1st

The 10th page 10 of the first instance judgment is “(the instant contract is deemed to be a contract in which the final construction cost is determined through the settlement of performance after the completion of the construction work, as well as the adjustment of the construction cost in the event of a change in the volume of construction due to a design change, etc. at the time of the conclusion of the construction work, as seen earlier, as well as the subsequent contract is reasonable to regard the construction cost as a contract in which the final construction cost is determined through the settlement of performance after the completion of the construction work.”

The 12th page 10 of the first instance judgment is deemed to be legitimate.

Article 73 of the Enforcement Decree of the Act on Contracts to Which the State is a Party provides that the head of each central government agency shall determine the criteria and procedures necessary for the ex post facto review of the subject matter of a contract, taking into account the characteristics of the contract, the quantity of the contract, the implementation period, etc. before the bidding, and allow the person who intends to participate in the bidding to peruse the said criteria and procedures. The Plaintiff asserts to the effect that the Defendant violated the said provision on the grounds that the Defendant

However, there is no evidence to acknowledge this, and rather, according to the evidence evidence No. 57, the content of the settlement of performance performance was determined by the special specifications among the construction specifications, but the construction specifications, design drawings, and the volume calculation statement.

arrow