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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On September 2012, 2012, the Plaintiff entered into a contract with the Defendants, Pyeongtaek-si C, and two multi-family housing units on each ground (hereinafter collectively referred to as “each of the instant housing”).
2) A new construction project (hereinafter referred to as “instant construction project”)
(1) A contract under which the contract is concluded between the two parties (including value-added tax) and the construction period from September 2, 2012 to February 2, 2013 (hereinafter “instant contract”), which provides that the contract amount shall be KRW 1,624,50,000 (including value-added tax) and the contract amount shall be “written contract of this case”.
After the conclusion of the contract, on September 12, 2012, the above contents of the contract, and on September 12, 2012, the first unit of the housing in this case, wherein Defendant A is the owner of the building (hereinafter “instant first unit of housing”).
(1) The second and second houses (hereinafter referred to as “second houses of this case”) consisting of the construction cost of KRW 802,500,000 and Defendant B as the owner of the building.
2) In addition to the contents that specify the construction cost as KRW 822,00,000, the instant contract was drafted again. 2) The instant contract is accompanied by the “general terms and conditions of the private construction contract”, and the main contents are as follows:
Article 3 (Contract Documents) (1) Contract documents shall be comprised of a contract document for private construction, general conditions of a contract for private construction works, special conditions of a contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.
(2) Any notification documents, etc. made between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.
Article 21 (Adjustment of Contract Amount Due to Modification of Design) (1) In cases where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to the modification of a project plan, etc., the Defendants shall modify the design.
(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and the construction period shall be extended or, if necessary: