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(영문) 서울고등법원(춘천) 2014.11.12 2012나2304

1. Of the part regarding the counterclaim against the judgment of the court of first instance, KRW 31,828,986 against the Defendant (Counterclaim Defendant).


The formation and termination of the contract of this case

A. On May 2010, the Plaintiff entered into a contract with the Defendant for civil works (hereinafter “instant contract”) among the construction works that create a housing complex for electric power generation in the area of 18-3 and 3 lots of land in the Yari-si, Chungcheongnam-si, Yari-si, Yari-si, Chungcheongnam-si, Yari-si, and the Defendant (hereinafter “instant construction works”). The main contents are as follows.

The standard construction contract for private construction works: The contract price for construction works in December, 2010 other than the 18-3 first day of the construction works in May 2010, 2010: the contract price in December 1, 2010: the amount calculated by adjusting the contract amount due to the modification of the design under Article 19 of the General Conditions of the Contract for Private Construction Works (hereinafter referred to as the “General Conditions”) (hereinafter referred to as “General Conditions”), where the contents of the design do not coincide with the construction site conditions, or where the installation of additional facilities is required due to a change of the project plan, etc., in the case where there is a situation that the construction site conditions are not consistent with the construction site conditions, or where there is an omission, omission, error, or a change in the project plan, etc.

(2) Where there occurs an increase or decrease in the volume of construction due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

(2) The completed portion of Article 22 shall be calculated based on the unit price of the calculation sheet specified in subparagraph 8 of Article 2.

Provided, That where there is no calculation statement, the calculation shall be made by agreement between A and B (referring to the plaintiff; hereinafter the same shall apply) according to the construction progress ratio.

B. The Plaintiff from the lower police officer in 2010 to the Defendant.