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(영문) 서울고등법원 2019.09.26 2017나2042119
간접비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The relevant Plaintiffs are the contractors of the instant construction work that the Defendant contracted from the Defendant for the “D Sewage Works” (hereinafter “D Sewage Works”) undertaken in the Donnam-do and eight villages, Jeonnam-do, and the Defendant is the project owner of the instant construction work (the Plaintiffs have shares of 50% as joint contractors), respectively.

B. On January 23, 2009, the Plaintiffs shall be determined as the total construction cost of the instant construction work between the Defendant and the total construction period of KRW 9,558,305,00, and from January 29, 2009 to September 28, 201 (973 days from the commencement date of construction) (hereinafter referred to as “general contract”) (hereinafter referred to as “general contract”).

3) The instant general terms and conditions of the construction contract as shown in Attachment 1 (hereinafter “instant general terms and conditions”) are as follows.

(2) The Plaintiffs and the Defendant entered into a contract for construction works by the number of vehicles (hereinafter referred to as the “number of vehicles,” and each number of vehicles contract is specified as the “number of vehicles”) on seven occasions as shown in attached Form 2, and entered into a modified contract with respect to each number of vehicles (each modified contract is specified as the “number of vehicles”).

Among them, the terms of the 7th contract and the details of construction suspension are as follows:

(2) 1,78,700,00 (10,978,500,00) 1,724,170,00 on June 13, 2014, no change is made to 1,724,170,00 (10,978,500,000) 8-1 and 200 (1,724,170,000 (111,23,970,000,000) 8-1, 20,00 (11,23,970,000,000) on March 7, 2014 to December 21, 2014; and (3) Gap-2 (15,200,000 on July 20, 2015 to December 31, 2015-19) on July 21, 2014

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