(영문) 서울고등법원 2016.02.02 2014나2048734

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(영문) 서울고등법원 2016.02.02 2014나2048734

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,345,365,750 and 1,936,433.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for the following modifications, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amendment of the judgment of the first instance court to the effect that “the general terms and conditions of construction contracts (established by Accounting Rules 2200.04-104-19, June 29, 2009)” were replaced by “the general terms and conditions of construction contracts (established by Accounting Rules 2220.04-104-21, September 21, 2009).”

The 18th written judgment of the first instance court is replaced by the 16th evidence, 26th evidence, 3th evidence, and 4th evidence of the 18th written judgment.

The following statements shall be added to the third part of the judgment of the first instance.

In full view of the overall purport of the pleadings in evidence Nos. 1-1, 3-2, 15, 15, 30, and 30 testimony of witnesses of the first instance trial, the instant construction project was scheduled to be the total construction period of 26 months from the date of the contract in the process of selecting the Plaintiff as the successful bidder of the instant construction project at the time of the first public announcement of tender on Nov. 30, 2009, or the site site site site on Dec. 7, 2009, and January 28, 2010, but it was required to complete the instant construction project prior to the time of the change of the right to exhibit operation between the Republic of Korea and the United States on Apr. 17, 2012, and it was required to complete the construction of the instant construction project prior to the completion of the construction project, and the construction period from Feb. 8, 2010 to Dec. 31, 2011>

Article 19(1)1 of the General Conditions of this case exists as the site site descriptions, etc., as well as the bill of quantity of materials, are unclear, omitted, or contradictory, and there is a ground for modifying the design as prescribed by Article 19(1)1 of the General Conditions of this case. The Plaintiff on May 2010.

참조조문

-민사소송법 제420조

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