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(영문) 서울고등법원 (춘천) 2018.09.12 2016나1170
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The defendant is a company whose business purpose is the building construction business, etc., and the plaintiff A is a person who affixes seals, shorts, and paints to the trade name "I" with the trade name of "H".

B. On October 4, 2011, the Defendant received a contract (hereinafter “instant contract”) by setting the construction period as KRW 2.497 billion (including value-added tax) for the construction work period from 17 October 201 to 31 March 2012 from 17, 2011 to 2.47 billion (hereinafter “instant contract”).

Since then, the defendant agreed that the construction period of the above contract will be extended until May 15, 2012, and the construction cost will be increased to KRW 2.662 billion.

C. On November 29, 2011, Plaintiff B entered into a subcontract (hereinafter referred to as “first subcontract”) with the Defendant setting the fireproof and painting construction period from December 10, 201 to March 15, 201, and the construction cost of KRW 77 million (including value-added tax).

Article 14(4) of the General Subcontract Conditions for Construction Works, which is a part of the above subcontract, states, “The defendant shall pay to the plaintiff B the increased volume of construction works additionally executed by the plaintiff B under the direction of the defendant, even if it was not increased by the ordering person.”

Plaintiff

A On March 2, 2012, from the Defendant, the period of construction of the printing panel construction among the instant construction works from February 27, 2012 to May 30, 2012, and the construction cost of KRW 30 million (including value-added tax) was determined and subcontracted (hereinafter referred to as “second subcontract”).

The construction cost column of the above subcontract is stated as "after the settlement of quantities".

E. The Defendant, on May 11, 2012, extended the construction period of 25 days due to the additional construction due to the modification of a design, and increased the construction price due to the said additional construction.

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