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(영문) 대전고등법원(청주) 2016.12.13 2015나11961
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is confirmed to be the same amount as above, and there is no dispute between the parties as to the facts that the plaintiff's assertion added in the court of first instance is KRW 506,00,000,000, which are 20 of the 3th 20th 20 of the judgment of first instance. The plaintiff's assertion added in the court of first instance is the same as the reasoning of the judgment of first instance, except for the additional determination under paragraph (2). Thus, it is cited in accordance with

2. Additional determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion related to the reduction of cancer was found during the construction of the instant construction work, and the result of the collection and inspection of the sample was confirmed to be “fluor cancer (a cancer that shall use powders for excavation or theft, such as fluor cancer, etc.). The Plaintiff continued to use balers (the balers, etc. attached to the excavating machine) before the result of the examination after collecting the sample, etc., and continued to walk the balers (the balers, etc.). However, the Defendant applied this as “a simple soil reduction work” rather than “a work”, and the Defendant offered the first instance appraiser by entering it in the Defendant’s work log, as if the Defendant completed the work after the termination of the contract with the Plaintiff. Accordingly, it should be reflected in calculating the term of the instant construction work. 2) The Plaintiff’s assertion related to additional construction work, which is bound in the instant construction contract, and provided the first instance appraiser.

(B) In the instant adjustment clause, “A” provides that “When there occurs an increase or a decrease in the volume of construction works upon the request of the project owner or any change in its design, etc., the relevant contract amount shall be adjusted.” Thus, the Defendant is obligated to pay the Plaintiff the additional construction cost, such as the cost of the sprinking construction works incurred by the Plaintiff pursuant to the instant adjustment clause.”

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