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(영문) 서울고등법원 2019.04.11 2018나2052557
공사대금
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of appeal and this court.

Reasons

1. Facts of recognition;

A. C Co., Ltd. and the Defendant’s contract for construction work (hereinafter “C”) changed to “Co., Ltd.” on June 16, 2017; hereinafter “C”) concluded a contract for construction work by setting the construction amount of KRW 11,238,00,000 (including value-added tax; hereinafter the same shall apply) from July 1, 2013 to December 31, 2014; and the contract for construction work was concluded on May 27, 2013 to 11,238,00,000 (including value-added tax; hereinafter the same shall apply); and the contract was changed to the contract amount of construction work from February 14, 2015 to December 31, 2014; hereinafter the same shall apply); and the contract was changed to the contract amount of construction work amount of KRW 138,500,000 through May 31, 2015.

B. Around November 2013, the Defendant and the Plaintiff’s subcontract agreement entered into between the Plaintiff and the Plaintiff’s subcontractor. Around November 201, 2013, the Plaintiff entered into a contract with the term “top and reinforced concrete construction works” in the instant construction works as the construction cost of KRW 3,540,00,000, and the term from November 1, 2013 to December 31, 2014; the type of construction work is changed to “top and construction works”; the construction cost of KRW 7,476,094,020; the construction period was changed to the term from November 1, 2013 to February 28, 2015; and the Plaintiff entered into a specific subcontract agreement with the Plaintiff on the construction site and its operation from February 21, 2015 to December 31, 2015 (the terms and conditions of the instant construction works).

(1) Article 1 of the Framework Convention on the Management of the Construction Works (General Provisions) provides that “The instant Convention” shall be construed as “the instant Convention on the Management of the Construction Works,” and Article 1 of the said Convention shall be construed as “the instant Convention on the Management of the Construction Works,” and “the instant Convention on the Management of the Construction Works.”

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