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(영문) 서울고등법원 2018.11.01 2017나2039717
공사대금
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

1. Basic facts

A. On February 15, 2014, the Plaintiff contracted a new construction project for the instant apartment complex (hereinafter “instant apartment”) on the ground, both Pyeongtaek-si C and three lots of land (hereinafter “instant apartment”) from the Defendant, and completed the construction project on February 27, 2015.

B. The main contents related to the construction cost of the contract for the instant construction project (hereinafter “instant contract”) are as follows.

(A) Details of the vehicles;

5. Contract amount of KRW 2,352,90,000 for value-added tax of KRW 2,352,90,000 for an ordinary contract amount of KRW 3,100 for a contract area of KRW 2: 759 for a contract area;

8. Article 16 of the basic principles: Adjustment of the contract amount due to design modification;

1. When the contents of the design document are inconsistent with the condition of the construction site, or is unclear, omitted, or erroneous, or when an unexpected situation occurs in the course of construction works or when the business plan is modified;

2. Where an increase or decrease in the quantity of construction works has occurred due to the modification of design as referred to in paragraph (1), the contract amount shall be adjusted according to the following

1) The unit price for the increased or decreased construction shall be 3.1 million won per average contractual unit price for the construction project. 2) The unit price for the new item not included in the description of the construction price shall be the unit price calculated as at the time of the modification of the design.

3) General management expenses and profits for increased or decreased construction works shall apply to the rate specified in the calculation specifications of the contract. 4) The increase or decrease in construction costs shall be adjusted by applying the average construction cost per contract to the increased or decreased construction cost when the total floor area is changed as a result of a design change.

10. 32. Contract Price: 2,352,90,000 Won 2) the permitted area: 759 square meters (29 households: 4 households of officetels, apartment houses 25 households) the construction cost per square meter (3), 3,100,000 won (balcony expansion shall be included in the construction in a lump sum).

(4) 4) Map 33. Entry Charges 1) Map 2), Map 2), Map 3, Table 2, Map 3, Table 2, Map 3, Table 2, Map 2, Table 2, column 2 of the sewerage contributions (A2).

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