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Reasons
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(영문) 서울중앙지방법원 2019.07.19 2018나52169
공사대금
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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a counterclaim, such as the description of the purport of the claim in the principal lawsuit, while the lawsuit in question is pending.

The first instance court dismissed both the plaintiff's principal claim and the defendant's counterclaim, and only the plaintiff appealed the part against the plaintiff (Dismissal of the principal claim).

Therefore, the scope of this court's judgment is limited to the plaintiff's main claim.

2. Basic facts [General Conditions of Contract for Construction Works] Article 1;

1. Contract documents shall be composed of D Standard Contract (including contract guidance, general terms and conditions of construction contracts, A/S Agreements) and estimates, and shall be mutually complementary.

Provided, That if there is a conflict between the contents of the D Standard Contract and the quotation, the contents of the quotation shall prevail.

2. A written estimate of contract documents shall contain the name and model name of the user, and A may use it as reference data in conducting a material inspection under Article 4 (1);

VII.(Non-conforming Construction Works)

1. “A” may require the correction of any part of the construction work executed by “B”, which is inconsistent with the estimates, and “B” must comply with the demands without delay.

2. If a construction project inconsistent with a written estimate is not attributable to “A” or due to any cause or event not attributable to “B”, the “B” is not liable.

3. If a section of construction is not permitted under the legislation, “B” shall not perform the relevant section, and the cost of the portion which is not constructed shall be adjusted in accordance with Article 10.

Article 12 (Verification of Completion of Works)

1. “B” must complete this construction by the expiration of the construction period and notify “A” thereof.

2. “A” shall conduct an inspection without delay in the presence of “B” after receiving the notification under paragraph 1.

3. “B” is a prosecutor.

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