(영문) 대전고등법원(청주) 2015.02.10 2014나1066

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(영문) 대전고등법원(청주) 2015.02.10 2014나1066

공사대금 등

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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. Basic facts

A. On April 20, 2010, the Plaintiff (hereinafter “D”) received a contract from the Defendant for the Korea Land Construction Corporation (hereinafter “instant construction”) with the Defendant for KRW 618 billion for the newly constructed house (hereinafter “instant housing”) in a substantial amount of Cheongju-si and Cheongju-si (hereinafter “instant contract”). The main contents of the instant contract are as follows.

(A) The name of the Corporation (in the case of the Tynch, Doll, and Syunch, the meaning that there is an indication on the printed part).

2. Place of the construction: Cheongju-si C (189 square studio).

3. Construction period: Not recognizing the condition and method of construction under Article 6 of the terms and conditions of construction as of June 20, 2010, as of September 20, 2010, as of September 20, 2010, and as of September 20, 2010, the additional contract amount due to a significant delay in the commencement of construction due to the reasons of B, such as a change in the design drawing and delay in the construction cost: Provided, That the full amount of damages shall be borne by the Party A for the damages incurred due to the significant delay in the commencement of construction due to the reasons of B, such as a change in the design drawing and a delay in the construction cost, etc.

B. At the time of determining the construction cost of the instant case, the Defendant decided to execute the 4th floor above ground and the 5th floor above ground with respect to the instant housing (the instant housing was built on the design of the instant housing, and the housing portion refers to the portion excluding village) with a total of KRW 3 million per square, and KRW 1.5 million per square year with respect to the 00,000,000 won per square year, and the total of other expenses was determined.

C. The instant housing site had no access road, and the access road was started on April 8, 2010 and completed on October 4, 201 of the same year.

(hereinafter “instant access road construction”). Certified architect G is a house of this case on behalf of the Defendant on November 26, 2010.

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