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(영문) 서울고등법원 2019.08.30 2017나2061097
공사대금
Text

1. The judgment of the first instance court, including a claim that has been changed in exchange at the trial, shall be modified as follows:

Reasons

1. The reasoning for the court’s explanation in this part is as stated in the corresponding part of the first instance judgment (the “1. Basic Facts” part of the second instance judgment). Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. The gist of the Plaintiff’s assertion is based on the content of the Plaintiff’s assertion indicated “the preparatory brief (2) dated May 30, 2019,” which was stated on the sixth day for pleading of the trial court, which can be deemed to have finally organized the cause of the claim.”

The term "total construction period" under the overall contract, among the construction contracts entered into in the form of a long-term contract which was entered into after the date of the initial scheduled completion under the general contract, plays a role as the premise or criteria for estimate, and as for the contractual unit price under the general contract determined on the premise of the total construction period, the final effect has occurred, and the contract price by the number of units (annual) is determined based on the contract unit price determined on the basis of the total construction period.

Therefore, if the construction is carried out after the total construction period originally planned, it shall be deemed that the standard that served as the premise for the determination of the contract unit price was modified or that the total construction period under the terms of the contract was modified. Ultimately, pursuant to Article 66 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) and Article 23 of the General Conditions of the Construction Contract Act, the contract amount adjustment equivalent to the additional indirect construction cost should be made as the "an amendment to the overall contract period by each number of vehicles entered into after the scheduled completion date under

B) Meanwhile, the Plaintiff filed an application for the contract amount with the Defendant prior to the receipt of the relevant final completion cost by each of the five or eight contracts concluded after November 27, 2011, which was the date of the completion of the first scheduled construction under the overall contract, with respect to the Defendant. (C) Accordingly, the Defendant is a general condition of the contract for construction work.

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