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(영문) 서울고등법원 2016.04.21 2015나2042078
공사간접비
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. In addition to the indirect construction cost due to extension of the construction period (hereinafter “indirect cost”), the Plaintiffs sought payment of the construction cost and interest due to delay in the payment of the construction cost under the construction contract against the Defendant in the first instance trial.

The first instance court dismissed the claim for payment of indirect costs due to the extension of the construction period, citing in whole or in part the claim for payment of the construction cost according to the construction contract and the payment of the interest due to the delayed payment of the construction cost.

Accordingly, only the plaintiffs appealed, and only the first instance court dismissed the claim for indirect costs, the scope of objection is limited to the claim for indirect costs due to extension of the construction period.

2. Basic facts

A. 1) The Plaintiffs, including the conclusion of a construction contract, shall set the ratio of investment by the Plaintiff Hanjin Industries to 51%, and the ratio of investment by the Plaintiff Hanjin Industries Development shall be 49%, and on March 14, 2008, constitute a joint supply and demand organization with the amount of 49%.

) the contract under which the contract is concluded (hereinafter referred to as “instant contract”).

(2) The construction period under the instant contract is from March 21, 2008 to April 28, 2012, and the construction amount is KRW 22,491,28,340.

3) The general terms and conditions of the local government’s construction contract that forms the terms and conditions of the instant contract (hereinafter “general terms”)

) The Guidelines for Payment of the Advance and Price following the execution of the Local Government's contract (hereinafter referred to as "Guidelines for Payment of Price").

(B) The main contents of the contract are as indicated in the attached Form 1. (B) After entering into a modified contract and preparing the instant agreement, the Plaintiffs and the Defendant entered into a contract to modify the instant contract over 13 occasions as listed below, and finally, the construction amount is KRW 25,479,070,000.

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