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(영문) 서울중앙지방법원 2015.11.27 2013가합509994
공사대금
Text

1. The Plaintiff’s rehabilitation claim against B Co., Ltd. is 623,134,289 won and the rehabilitation claim against B Co., Ltd. from April 30, 2010.

Reasons

In light of the above, the Defendants are obliged to pay the Plaintiff the tuition fee equivalent to 40% of the loss rate (i.e., 70% of the loss rate at the time of use for more than one year - 30% of the loss rate at the time of use for six months) in accordance with the third and the seventh amendment contract with respect to the first amount of 3,450.401ton among the river materials invested in the instant construction project.

The plaintiff's assertion on this part (the plaintiff's assertion on the contract for the use of additional lectures) seems to include the assertion on the payment of the tuition fees under the third and seventh amendment contract, and as long as the court accepts the plaintiff's assertion on this part, it is not necessary to separately decide on the other plaintiff's assertion (the plaintiff's assertion on tort or unjust enrichment) that is selectively sought.

According to the design volume (Ton) x 40.6 x 15 x 75 x 25 x 30.65 x 15 x 25 x 64 x 105 x 30.65 x 5 x 10.65 x 1067 x 30,610,690 x 130,616,90 885.90 x 1306 x 305 x 94 x 64 x 65 x 106 x 106 x 5 x 94 x 64 x 5 5 x 106 x 5 x 94 x 105 x 5 x 106 x 94 x 505 x 106 x 105 x 97 5.29

B) dismissed parts (a implied additional use agreement is recognized).

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