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(영문) 대구고등법원 2021.02.04 2020나23388
공사대금
Text

The judgment of the first instance, including the claims added by this Court, shall be amended as follows:

The plaintiffs' claims are filed.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is added to the following. The Plaintiffs’ conjunctive claims added by this court are identical to the ground of the judgment of the court of first instance, except as otherwise determined in paragraph 2, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiffs' assertion is without merit, following the 8th day of the first instance judgment's 12 behavior, "The plaintiffs' claim of this case is not a claim for the adjustment of the contract amount against the general contract, but a claim for the payment of indirect costs unpaid from the contract amount by the number of teas, and as long as the indirect costs for the construction period extended by the contract between the plaintiffs and the defendant are not reflected, the defendant shall pay the plaintiffs the amount of claim corresponding to the indirect costs of the extended construction period."

However, the Plaintiff’s claim (the primary claim) is bound to be deemed to seek indirect costs equivalent to the extended period based on the total construction period of the instant overall contract (the Plaintiffs, at their own complaint, made it clear that the Plaintiffs, based on the total construction period under the instant overall contract, seek indirect costs for the remainder of 1,360 days, excluding the remainder of 1,36 days during the extended construction period, 1,496 days from the total construction period under the instant overall contract, and the amount under the intent of the primary claim is also the amount corresponding to the indirect cost for the said period) and the indirect cost for the following contracts are not reflected.

(1) The Plaintiffs, upon entering into a separate contract, reflected indirect expenses for the extended construction period, or filed an application for the adjustment of the contract amount for the extended construction period prior to the receipt of the completed cost for each of the following categories of contracts, and reflected indirect expenses in the construction cost.

(B) add “......”

2. Determination on the conjunctive claim

A. The gist of the plaintiffs' assertion is the instant construction contract.

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