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(영문) 서울고등법원 2015.03.17 2014나28314 (2)
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On December 23, 2011, the Plaintiff received a contract from the Defendant for the construction of the new construction of the three-story detached houses and Class II neighborhood living facilities (hereinafter “instant building”) with the following content (hereinafter “instant construction”) at the cost of KRW 363,00,000 (including value-added tax).

(hereinafter referred to as “instant contract”). The construction period: Article 14-2 (Change of Contract Price Following Modification of Design) of the construction subcontract agreement from February 5, 2012 to June 30, 2012, Article 14-2 (Change of Contract Price Following Modification of Design) (1) of the construction contract shall be adjusted in cases where there occurs an increase or a decrease in the construction volume at the request of the ordering person, or at the request of the

(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:

2. The unit price for a new item with no agreed unit price shall be determined by multiplying the unit price determined as at the time of design modification by the successful tender ratio;

B. On September 19, 2012, the Plaintiff obtained approval for the use of the instant building from the competent authority.

C. The Plaintiff received KRW 182,437,00 in total from the Defendant as part of the instant contract amount with the content as indicated below as follows.

[Defendant-Appellee Construction Co., Ltd. (hereinafter referred to as “Road Construction”) on August 21, 2012

() The fact that the Plaintiff, instead of the Plaintiff, paid KRW 4,400,000 to the Plaintiff is without dispute between the parties [the Plaintiff, as a preparatory document (see the above preparatory document No. 4, e.g., the statement on the date of pleading in the court of first instance, see the attached Table No. 4, and the statement on the date of pleading in the court of first instance, the court of first instance) on January 18, 2013, the Korea Urban Gas Corporation, which made construction in the preparatory document as of October 11, 2013, has revoked the above confession, but the said confession was insufficient to recognize it only by the testimony of the witness E of the court of first instance, which seems to be consistent with the fact that the confession was contrary to the truth and due to mistake, and there is no other evidence to acknowledge it, the

ii) the date;

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