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(영문) 서울고등법원 2016.08.16 2015나17168
공사대금 등
Text

1. The Plaintiff (Counterclaim Defendant) who exceeds the following payment order among the part concerning the counterclaim in the judgment of the court of first instance.

Reasons

1. The first instance court, among the plaintiff's principal claim and the plaintiff's succeeding intervenor's claims, dismissed all the claims for the construction cost among the plaintiff's claims, and dismissed all the remainder of the claims, while citing all the claims for the counterclaim by the defendant's towing hall, the KCA and the KCA and the KCA and the KCA (hereinafter "the defendant church"), respectively, appealed against the principal claim and the counterclaim, and the defendant church extended the purport of the claim while filing an incidental appeal as to the counterclaim, and the plaintiff's succeeding intervenor did not appeal.

Therefore, the scope of adjudication on the party shall be limited to the counterclaim of the defendant church, including the plaintiff's main claim and the part expanded in the trial of the party.

2. Basic facts

A. On February 3, 2010, the Plaintiff (title prior to the change: Energy Habridus Ltd.) concluded a construction contract (hereinafter “instant construction contract”) with the Defendant church to receive a contract for the installation of the air-conditioning/conditioning system and cooperative facilities (hereinafter “instant construction”) from March 1, 2010 to April 30, 201 (including value-added tax) with the construction period fixed from March 1, 2010 to April 30, 201 (hereinafter “instant construction contract”).

B. On September 24, 2011, at the request of the Defendant church, the Plaintiff made a contract for the remaining parts of the instant construction work to the Defendant Sungsung Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Plaintiff changed that the Plaintiff received a subcontract for the said remaining parts of the construction work from the Defendant Co., Ltd., and concluded a modified contract to change the construction cost from September 24, 201 to December 31, 201 (hereinafter “instant first modified contract”).

C. On March 31, 2012, the Plaintiff increased the construction cost under the instant first change contract with the Defendant Company to KRW 649,60,000,00 and changed the construction completion date to March 31, 2012.

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