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(영문) 서울고등법원 2016.09.02 2016나2422
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On May 7, 2013, the Defendant entered into a contract for construction works and a subcontract for construction works (i.e., the construction works) and the construction works for the creation of a sports-for-all park (51g group) from the Essung City (hereinafter “instant contract construction works”).

(2) On May 10, 2013, the Plaintiff entered into a contract with the Defendant to conclude a contract for construction works with the term of contract 302,065,640 won, and from May 7, 2013 to July 5, 2013. (2) On May 10, 2013, the Plaintiff entered into a contract with the Defendant to conclude a contract for construction works under the terms that the Defendant would receive a contract with the term of contract for construction works of civil and construction works (hereinafter referred to as “instant subcontracted works”) among the construction works for the instant sports-for-all park (the 51st group) that the Defendant was awarded a contract with the Defendant, with the term of contract 219,120,000 won (including value-added tax), and the construction period from May 10, 2013 to June 30, 2013.

3) After that, the Defendant concluded a contract on July 19, 2013, on the ground that the contract amount was increased to 397,917,000 won on the ground of a design change following the addition of standards or retaining wall construction, and entered into an amendment contract to the effect that the construction period is extended from May 7, 2013 to July 26, 2013. Accordingly, the Defendant increased the contract amount to 292,380,000 won (including value-added tax) between the Plaintiff and the Plaintiff on July 22, 2013 on the ground of the foregoing change of design, and the construction period is extended from May 10, 2013 to July 30, 2013 (hereinafter “instant subcontract”).

4) On July 29, 2013, the Defendant entered into a contract for the alteration of the content that the construction period will be extended from May 7, 2013 to August 31, 2013, to the preservation of the period of suspension of construction (from July 2, 2013 to July 29, 2013) following the order for suspension of construction (i.e., the period from July 2, 2013 to the period from July 29, 2013). On August 28, 2013, the Defendant entered into a contract for the alteration of the content that the contract amount will be reduced to KRW 385,835,820 as requested by the 51st company, except for the process of installation of an Amcom package and an open guide sign.

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