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(영문) 서울고등법원 2019.07.19 2018나2068170
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for supplementing the judgment of the court of first instance by dismissing part of the judgment of the court of first instance and determining the contents asserted by the plaintiff as the grounds for appeal, and thus, citing the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3 The 17th parallel " August 31, 2015" shall be deemed " August 31, 2017".

3 The 19th 19th 2010's 26th 2015's 26th 2015's 26th 2017's 26th 2017.

8 The term "construction hours" shall be changed to "construction period".

2. Supplementary parts of the Plaintiff’s assertion cannot be accepted for the following reasons.

As Articles 64, 65, and 66 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, the General Conditions for the Construction Contract of this case (Evidence A) separates the adjustment of the contract amount into “the adjustment of the contract amount due to price fluctuation (Article 22),” “the adjustment of the contract amount due to price modification (Article 20)” and “the adjustment of the contract amount due to a change in the terms of the contract (Article 23)” and prescribes various types of changes in design.

(Article 19). The above adjustment of the contract amount is to adjust the contract amount by reflecting the changes in the circumstances where it is unfair to maintain the original contract amount due to changes in price fluctuations, design changes, etc. after the conclusion of the contract, or where it is disadvantageous to either party.

B. The bill of quantity of the instant construction contract executed by the detailed bid method is included in the design (Article 2 subparag. 3 of the General Conditions for Construction Contract). Since the bill of quantity (Article 2 subparag. 6 of the General Conditions for Construction Contract) indicates the area of the package of quantity (Evidence No. 6), the change in the size of the package of critius constitutes the change in the bill of quantity

C. Under the general conditions of the construction contract of the instant construction contract, “the adjustment of the contract amount due to the modification of design” for the items or the items on the calculation sheet is “the calculation sheet”.

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