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(영문) 광주고등법원 (제주) 2018.01.10 2017나10
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

2. The defendant shall make the plaintiff 144.

Reasons

1. Facts of recognition;

A. 1) On March 15, 2011, the Plaintiff entered into the instant initial contract with the Defendant and Jeju University Industry-Academic Cooperation Center (hereinafter “instant construction”). Civil engineering and ancillary facilities construction works among the construction works of the Defendant and Jeju University Industry-Academic Cooperation Center (as the name is changed to the Geumho International Educational Center) (hereinafter “instant construction works”).

(1) The contract under which the contract is made to the Defendant for construction cost of KRW 1,739,00,000 (hereinafter referred to as “instant first contract”).

(2) Of the details of the first contract of this case, the part concerning the soil transport of soil and sand is as listed below.

The unit price (cost) for a standard quantity unit (cost), L=1km 26,627 M 31,200 31,952,400 c1,650 c1,650 c1,650 c1,657,00 c1,650 c6,367,00 c, L =1km 2,958 M 31,650 4,680 4,880,70 63,200,100

B. Around October 201, the Defendant demanded an increase in construction cost of KRW 300,084,00 due to additional construction works for the ground-breaking of utility tunnels, gas rooms, etc., and over-to-land transportation, etc. Of which, the Defendant, in relation to the transportation of sand, has generated over-to-land transportation, and in fact, the Defendant set the distance of over-to-land transportation at 1 km at the time of the initial contract, but in fact, demand a change in the distance of 16 km away from the construction site to the sto-sto-sto-sto-sto-sto-sto-sto-s to 16 km. 2) After examining the Defendant’s request, the Defendant presented the Plaintiff’s opinion that the increase in construction cost of 187,579,000 on Nov. 15, 201, which is in charge of supervision of the instant construction project (hereinafter “p to-sto-sto-s to-sto-s to the Plaintiff.

The unit price (cost) for standard quantity (cost), L=16km 11,90 M 37,944,53,600 94,53,600 grams, L=16k 4,200 M312,890 54,138,00 grams, L =16 m3 M 312,9717,043,253.

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