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(영문) 서울고등법원 2017.04.27 2016나2074508
공사대금
Text

1. Of the judgment of the court of first instance, the main claim of the Plaintiff (Counterclaim Defendant) expanded and reduced in the trial.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On May 16, 201, the Plaintiff entered into a contract for a construction project with the Defendant for the construction cost of KRW 2,200,000,00, the construction period from May 23, 201 to April 30, 201, the delay rate of construction payment per day from May 23, 2011 to April 30, 201, the delay rate of construction payment 0.02% per day, 12% per annum, 50% of the construction payment, and 50% of the construction payment shall be paid at the initial cost over five times, and the remainder 50% of the construction payment shall be paid at the time of occupancy or delivery after the completion and preservation registration. The Plaintiff was awarded a contract for the construction (hereinafter “instant construction”).

B. Change of the design and construction method of the instant construction project 1) D Construction Office responsible for the design and supervision of the instant construction project (hereinafter “D”).

(2) On March 15, 2012, neighboring residents at the construction site of this case filed a civil petition with the Jung-gu Seoul Special Metropolitan City Office after the commencement of the construction project of this case against the Plaintiff and the Defendant on the grounds of noise, the crack of neighboring buildings, the collapse risk, etc., and the Plaintiff filed a civil petition against the Plaintiff and the Defendant. For this reason, the Plaintiff changed the method of construction of the construction of the civil works of this case from the existing massing, soil-to-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-s to-sto-s to-s to-s to-s to-

3 Around July 17, 2012, the Plaintiff notified the Defendant that the construction price was increased by KRW 354,165,893 due to the change in the construction method of the instant construction work, and that the period of the civil construction work was extended from December 31, 201 to July 31, 2012.

C. On January 14, 2014, the Plaintiff completed the instant construction project that changed the design and construction method as above, and on the same day, the instant building was approved by the head of the Gu in Seoul Special Metropolitan City.

The plaintiff on February 28, 2014.

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