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(영문) 서울고등법원 2016.07.19 2015나2073515
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

The first instance court.

Reasons

1. Basic facts

A. On December 30, 2010, the Plaintiff entered into a contract with the Defendant for the construction of facilities for convenience of the passengers-line 1 to 4 Seoul subway lines (stage 1), 15, 16, 17 construction sections (hereinafter “each of the instant construction works”) under which the contract was concluded (hereinafter “each of the instant contracts”).

The scheduled date for completion of the divided contract price (the original date for completion of the contract) shall be December 31, 201, 15 construction sections 1,155,854,470, and December 16, 201, 894,729,750, and January 12, 201, of January 17, 201, 15 construction sections 1,130,406,450, and January 6, 2012.

The Plaintiff and the Defendant entered into a contract under which each of the instant contracts was modified as follows (hereinafter “instant modified contract”).

The 15th and 15th change of December 23, 201, the 15th and 15th change of the date of completion of the divided contract (the original contract) contract, and the delay in granting authorization and permission or in removing obstacles on December 31, 201, December 201, 201, the 15th and 155,854,470 of the date of completion of the divided contract, and the relocation of obstacles to the 2nd change, December 14, 2013, December 14, 2013, the 16th change of the 16th 3th 16th 201, January 2, 2012, 201, the 16th change of the 16th 3th 16th 20th 3th 20, 2012, the 2014th 16th 206th 29,75201.

C. The Plaintiff and the Defendant drafted a written agreement with regard to each of the instant construction works at the time of the conclusion of the instant first modification contract, stating “the content of the agreement: Extension of the construction period without changing the contract amount,” and, at the time of the conclusion of the instant second modification contract, drafted a written agreement stating “the content of the agreement: Extension of the time limit for completion without changing the contract amount” (hereinafter “each of the instant agreements”).

The plaintiff had increased the indirect cost due to the extension of each construction period of this case to the defendant around February 2013 and around April 2013.

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