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(영문) 서울고등법원 2017.05.23 2016나2086921
공사대금
Text

1. The part against Defendant B in the judgment of the first instance is modified as follows:

Defendant B shall be the Plaintiff 458,660.

Reasons

1. Basic facts

3. Period of construction: A condition attached to a special agreement on June 30, 2009, the construction period of which commences on November 25, 2008: 850,000 won (excluding value-added tax).

1. Where a project owner presents a separate design and construction condition, the contractor shall comply with such condition;

Provided, That if there is an increase or a decrease in the construction amount resulting therefrom, it shall proceed under consultation between the project owner and the contractor, and whether there is an increase or decrease in the construction amount shall be determined based on the drawings designed at

2. The basic quality grade of finish materials shall be at least the quality grade of the finishing materials submitted at the time of contract, and products not indicated in the finishing materials list shall be constructed after obtaining approval from the project owner and supervisor after submitting samples to the project owner and supervisor;

4. Artificial construction costs for electricity, water, gas, etc. shall be borne by the contractor, and the public imposts and taxes incidental thereto shall be borne by the owner; and

On November 21, 2008, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant B with the main contents of the following, which newly constructs the first floor underground and the second floor of the ground (hereinafter “instant building”) on the ground of Sungnam-si and Sungnam-si, the Seoul Special Metropolitan City.

The name of construction: The terms and conditions of the construction contract concluded on November 25, 2008 between the plaintiff and the contractor, who is the contractor of the construction project set forth in the F of the Sub-gu Seoul Special Metropolitan City Construction Project and the contractor, shall be amended as follows:

1. The Plaintiff, within 45 days of the date of completion, completed the said construction in accordance with the specifications, and the project owner, the project owner, who is the project owner, shall, under such terms and conditions, pay to the contractor KRW 150,000,000 to the contractor, who is the date of resumption of the construction, and shall pay the remainder by the time of completion of the construction.

2. The project owner shall bear the costs of the construction and the cost of the construction except for the underground yellow land control and self-cubic land control works; and

3. The Plaintiff, who is a contractor, is the project owner.

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