logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2015.09.02 2014나954
공사대금
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded from the trial, is as follows:

Reasons

1. The reasoning for the court’s explanation on this part of the facts is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for the court’s explanation as to the Plaintiff’s claim on this part is as follows, except for the addition of the judgment as follows under the first sentence of the court of first instance with respect to the additional construction cost claimed by the Plaintiff in the court of first instance, and therefore, the relevant part of the reasoning for the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

“4) The Plaintiff was awarded a subcontract for the construction of the structure, such as retaining walls and rocks, among the instant construction works, by the Defendant. At the Defendant’s request, the Plaintiff asserted that the said additional construction costs should also be paid to the Plaintiff, given that earth and sand construction works, such as cutting, earth and sand transport, earth and sand shipping and banking construction works, and drainage and collection of underground sewage discharge pipes of roads were also executed, and as a result, additional construction costs of KRW 279,770,370 are required.

The following circumstances, which are acknowledged based on the descriptions of Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 4, the results of the fact-finding conducted by the party review appraiser T, the whole purport of the arguments, namely, ① The construction of the plaintiff's contracted to the contract of this case is "U factory site construction (the construction of this case)" (which is not limited to the construction of the above structure), and earth and drainage works, which the plaintiff claims as additional construction, are deemed to be naturally included in the site construction of the factory site in its contents. ② The special contract of this contract states that "the detailed construction details by location shall be based on the design drawings of the R company," and the design drawings of this contract include each of the above construction works claimed by the plaintiff as additional construction works, which is also an appraiser.

arrow