The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. A long-term continuing construction contract under Article 21 of the former Act on Contracts to Which the State Is a Party (amended by Act No. 11377, Mar. 21, 2012) and Article 69(2) of the Enforcement Decree of the Act on Contracts to which the State is a Party is a long-term continuing construction contract, not in the form of concluding a separate contract on the total construction cost and total construction period, but in the form of an additional statement on the total construction cost and total construction period when concluding a contract on the first construction project in

The term “general contract” refers to an agreement on the total construction cost and total construction period additionally stated at the time of signing the contract on the primary construction work. Such general contract is not based on the conclusive agreement on the total construction cost and total construction period, but rather on the conclusion of each annual contract.

In other words, as a standard for the temporary utilization of the overall scale, construction amount, construction period, etc. of the project, it should be viewed that the contracting party is in the position of concluding each annual contract and that the total scale of the contract is based on the overall contract.

Therefore, the validity of the overall contract is limited to the determination of the contracting party, the determination of the intention of performing the contract, the contract price, etc., and it should be deemed that the specific contents of the performance, the scope of the contract price to be paid to the contracting party, the execution period of the contract, etc

(See Supreme Court en banc Decision 2014Da235189 Decided October 30, 2018). 2. Nevertheless, under the premise that the total construction period under the overall contract is legally binding, the lower court needs to adjust the contract amount separately from the extension of each construction period under the relevant number of contracts, and thus, the extended total construction period.