logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.25 2014나39475
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the statements and images of Gap evidence No. 1-1-3, Gap evidence No. 114-1, Gap evidence No. 116, Eul evidence No. 116, Eul evidence No. 1-86, and the whole purport of the pleadings.

The defendant decided to construct a new construction of the main factory building in the East Sea pulp paper 1 located in Ulsan-si, Ulsan-si, Ulsan-si, and bid was conducted against construction companies, including the plaintiff.

B. On August 11, 2009, the Defendant, in relation to the instant project, shall, in principle, settle the amount of the bid for the instant project, after consultation with the supervisor prior to construction works, the contract amount is not adjusted due to the total bid, and the new items different from the project shall be settled after consultation with the supervisor prior to construction works (Article 3.10 of the tender guide), and after the determination of the contract amount, after the increase or decrease in the contract amount, etc., the quantity of the project shall be adjusted by 5% less than the determined quantity of each item of each type of work at the time of increase

(5.1) The notice of bid was given.

C. On October 21, 2009, the Defendant selected the Plaintiff, Dongbu Construction Co., Ltd. as a priority bidder among the 10 bidders, and the Plaintiff was selected as a successful bidder around October 21, 2009.

On November 2, 2009, the Plaintiff received the instant construction cost of KRW 52 billion from the Defendant and started construction work around that time, and entered into the instant construction contract with the Defendant regularly on November 30, 2009, and completed the instant construction work on March 201 through several changes in design.

E. The instant construction contract contains general terms and conditions of contract, specifications and specifications. Of the terms and conditions of contract and specifications, the parts related to the instant case are as follows.

[General Terms and Conditions of Contracts] Article 3 (Approval]

1. Even if the design and production performance product approved by “A (the meaning of the Defendant)” has been obtained, “A” is also the Plaintiff.

arrow