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(영문) 서울고등법원 2020.08.21 2019나2043680
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,476,535,809 as well as to the plaintiff on June 2016.

Reasons

1. The grounds for this part of the facts of recognition are as follows, except for the part written by the court as follows, and thus, they are cited in accordance with the reasoning of the judgment of the first instance (including the attached Form) and the main sentence of Article 420 of the Civil Procedure Act.

Attached (1) Attached Form 1 (the first column of the second half below the 29th Schedule) ". 012. 23. 201" shall be followed as ". 23. 2016. 23. 201."

2. The plaintiff's assertion

A. 1) Even if there is no legal binding force of the total construction period under the overall contract for indirect construction cost incurred during the entire construction period after the total construction period, the content of the contract for each type of loan is determined based on the total construction period. Therefore, the conclusion of the contract by number is an amendment to the terms of the contract. Therefore, the Defendant is obliged to pay the Plaintiff the indirect construction cost incurred during the extended construction period after June 3, 201, which is the expiration date of the initial total construction period under Article 23 of the General Conditions of the instant construction contract. However, as the extinctive prescription has expired for the additional construction cost incurred during the initial construction period of the instant contract for the 6,70th unit contract, the Defendant sought payment of the indirect construction cost incurred during the extension of the initial construction period of the instant contract and the extended period of the instant contract for the 8,9th unit contract and the 28,9th unit contract for each type of loan contract. 2) As such, the Defendant is obliged to return the amount equivalent to the construction cost incurred by the Plaintiff as a refund of the construction site or management.

C. In addition, the plaintiff.

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