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(영문) 서울고등법원 2015.10.13 2014나2046561
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) At the time of entering into the instant contract for the instant construction, the Plaintiff and the non-obviousness Construction Co., Ltd., but, on August 18, 2008, the said company was divided and established, and on January 28, 2011, the Jeju Non-Construction Co., Ltd. changed its trade name to a non-obviousness Construction Co., Ltd. (hereinafter “JD Construction”).

(2) If there is no need for special distinction, the joint supply and demand organization (hereinafter referred to as “Plaintiff”).

(2) On December 27, 2007, the Defendant and the Defendant constituted “the expansion and retention of sewage as Gangnam” (hereinafter “the instant construction”).

(i) the contract under which the total construction amount of KRW 7,723,874,00 and the total construction period of KRW 1,095 (the commencement date of works January 3, 2008, and January 2, 2011) are fixed and fixed as the total construction amount of KRW 7,723,874,00,00 (hereinafter referred to as the “contract”) is

(2) The instant contract was concluded as a long-term continuing construction contract (a total construction amount determined by a successful bid, etc. shall be additionally stated, and a separate contract was concluded for each number of vehicles within the scope of the budget of the pertinent year). Among them, the third construction contract was concluded as of January 21, 2009 by setting the contract amount of 4,334,000,000, and the construction period from March 1, 2009 to December 31, 2009.

3) The instant general terms and conditions of the construction contract for the local government incorporated into the third construction contract and the instant contract (hereinafter “instant general conditions”).

The parts relating to the instant case are as follows:

Section A: IN GENERAL

2. The definitions of terms;

(d) the term “design” means a detailed statement specifying construction specifications, design drawings, site descriptions, and quantities by type of work (including the quantities required for the installation of snow materials; hereinafter the same shall apply).

Section VII. Adjustment of Contract Price

1. Adjustment of contract amount due to a modification of design;

(a) Where a construction work is increased or decreased, such as a change of construction methods or a change of input materials, etc., a contracting officer shall fall under any of the following subparagraphs:

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