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1. Claim for the payment of the construction cost in the judgment of the first instance, including the claim of an independent party intervenor expanded in the trial.
Reasons
1. The intervenor in the trial scope of this court related to the intervenor's claim filed in the first instance court for the confirmation that KRW 138,886,966 of the plaintiffs' claims against the defendant were the intervenor's claims, and for the intervenor's payment of KRW 138,886,96 of the plaintiff's claims against the defendant and delayed payment damages against the defendant. The first instance court dismissed the part of the claim for confirmation on the ground that there is no interest in confirmation, and partly accepted the above part of the claim against the defendant.
In regard to this, only the Defendant appealed against the part against it, and all the Plaintiffs and intervenors do not dispute the above dismissed part as an incidental appeal, so the subject of the judgment by this court is limited to the remaining part except the above verified part.
2. Basic facts
A. The conclusion and amendment of the construction contract 1) The Plaintiffs, intervenors, and the Special Construction Company for the Small and Medium Enterprise Co., Ltd. on December 30, 2008 from the Defendant on December 30, 2008, “the Construction Project for the Construction of Road Connections with the Central Road District in Yongsan-gu, Busan Metropolitan City” (hereinafter “instant Construction Project”).
As to the construction period, from January 8, 2009 to December 29, 2010, the construction amount was jointly determined as KRW 14,884,102,00 (hereinafter “instant construction contract”). (The construction contract entered into between the Plaintiff and the Defendant is referred to as “instant construction contract”).
2) After the change, the Plaintiff’s reputation construction 26% 34.21% after the change was made, the Intervenor 25% 32.895% 25% 32.895% by the Intervenor 2) and the Intervenor’s share ratio was changed as follows.
3) Meanwhile, the instant construction contract was modified several times as follows, reflecting the modification of the design, etc., reflecting the change of the design. On January 27, 2010, the change of the reasons for changing the contract date: (a) the price reduction: -1,488,292,00 won on March 10, 201: -1,48,292,000 won on March 10, 201: (b) the extension of the air period under the winter-gu period on March 10: October 22, 2010 on October 22, 2010.