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(영문) 서울고등법원 2015.01.28 2013나67404
공사대금
Text

1. On the merits of the judgment of the court of first instance, according to the claim by the plaintiff (Counterclaim defendant) whose exchange was changed in the court of first instance.

Reasons

1. Basic facts

A. On July 1, 2010, the member M&C Co., Ltd. (hereinafter “N&C”) and the L&A Construction Co., Ltd. (hereinafter “A&A”) jointly contracted for construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the period from July 12, 2010 to December 30, 2012.

B. After that, on July 12, 2010, the construction cost of the instant construction was set at KRW 892,00,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from July 12, 2010 to December 30, 2012.

C. Meanwhile, on August 18, 2010, the Defendant re-subcontracted the instant construction work to the Plaintiff with the construction cost of KRW 458,00,000, and the construction period from August 18, 2010 to December 30, 2012.

hereinafter referred to as "the instant construction contract"

D. The Plaintiff, while carrying out the instant construction, failed to perform the construction from the end of December, 2010 as the reason for design change arises due to the difference between the design drawing and the site conditions. As a result, as a result, the Plaintiff did not continuously incur a loss to the Plaintiff, such as personnel expenses and general management expenses, and as a result, prepared a memorandum of understanding with the Defendant on March 18, 201, as follows.

Note 200 each year

1. Construction name: The instant construction work;

2. Location of the construction: W, X-day.

3. Construction period: From August 18, 2010 to December 30, 2012: construction amount initially calculated: 458,000,000 won - Alteration: 890,000 won.

5. Matters of understanding;

A. The plaintiff and the defendant shall exchange this letter of understanding in accordance with the principle of trust and good faith before making a decision on the amount of design change due to changes in the conditions of the above construction site.

B. The defendant shall endeavor to obtain approval of the actual matters to be reported (design modification) submitted to the Si interest viewing as the ordering person, and the plaintiff shall actively cooperate with it.

C. The defendant is submitted to the Si.

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