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(영문) 서울고등법원 2016.11.29 2016나2001982
공사대금
Text

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

The defendant.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. According to the agreement with the defendant, the plaintiff asserted that the plaintiff carried out the construction of the base of retaining walls, tamper construction which was not scheduled at the time of the initial agreement while performing the construction of this case in accordance with the agreement with the defendant, the construction of the base of retaining walls, the tamper construction, the tamper construction, the removal construction of reinforced concrete related to the alteration of factory location, the construction of reinforced concrete and removal construction related to the alteration of factory location, the alteration of plant outside stairs, the alteration of plant building (referring to the building located on the left side among 2 Dongs of the factory building of this case), the alteration of the right side, the alteration of elevators, the alteration of elevators, the alteration of dormitory roof sand site board and tamper construction, and the construction of the bicket among factory Dongs (attached No. 1 to 11; hereinafter referred to as the "additional construction of this case"), and the expenses required to carry out the construction shall be the sum as stated in the attached Form "construction price for the plaintiff's claim."

Therefore, the Defendant is obligated to pay the Plaintiff KRW 151,196,00 as the price for the instant additional construction work, and damages for delay.

B. The defendant's assertion did not agree to instruct the plaintiff to carry out the additional construction of this case or to pay the price for the additional construction.

Therefore, the defendant is not obligated to pay the price for the instant Additional Works to the plaintiff.

3. Determination as to a claim for additional payments for each construction work set forth in the attached table 1 through 11

A. In order to recognize that the Plaintiff had a right to receive a separate construction cost due to an additional construction work, the agreement to pay the additional construction cost ought to be deemed to have existed implicitly between the Plaintiff and the Defendant.

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