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(영문) 서울고등법원 2016.11.23 2016나5599
공사대금
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial after remand, is as follows.

Reasons

1. Basic facts

A. On September 30, 2009, the Defendant entered into a construction contract (hereinafter referred to as “previous construction contract”) under which the term “G building” (the size of 2nd floor, 8th floor, and 2nd floor) after the removal of existing buildings and completion of the building of neighborhood living facilities, which was implemented on the ground of Gangnam-gu Seoul Metropolitan Government, is called “G building” (the size of 2nd floor, 8th floor, and 2nd floor). The construction project (hereinafter referred to as “instant construction project”). The term “new construction project” (hereinafter referred to as “instant construction project”) was set as construction cost of KRW 1,440,00,000 (excluding value-added tax) and the construction period from October 10, 209 to September 15, 2010.

B. However, around December 21, 2009, the construction of this case was waived after the completion of only the installation of a temporary fence and the removal of the existing building during the instant construction work. On January 6, 2010, the Plaintiff entered into a construction contract with the Defendant to which the entire construction of this case was awarded a contract (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

【Standard Contract Period for Private Construction Works: Contract amount on October 10, 2009 to September 15, 2010: 1,440,000,000 won (excluding value-added tax): Statutory period and rate for delay: Documents attached thereto (1/100 as prescribed by the Enforcement Rule of the Act on Contracts to which the State is a Party): The standard contract for private construction works, general conditions, design and calculation sheet 【Standard Contract for Private Construction Works】 Article 2 [Definition]

6. The term “design” means construction specifications, design drawings (including where a bill of quantity is prepared), and site descriptions.

7. The term "bill of quantity of quantity" means a detailed statement of items or items constituting the objects by type of work, and the size, quantity, unit, etc. of the same items or items;

8. The term "statement of calculation" means a bill of quantity of materials submitted by the contractor to the contractor.

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