logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.05.12 2015다246339
공사대금
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In the interpretation of a juristic act, if the objective meaning is not clearly expressed by the parties’ language and text, the content of the contract shall be reasonably interpreted in accordance with logical and empirical rules, general common sense and transaction norms, by comprehensively examining the contents of the contract, the motive and background leading up to the conclusion of the contract, the purpose and genuine intent to be achieved by the parties through the contract, transaction practices, etc.

(2) According to the reasoning of the lower judgment on May 24, 2002, Supreme Court Decisions 2000Da72572 Decided June 24, 201, etc., and 2008Da44368 Decided June 24, 2011, the lower court determined that the Plaintiff was a public institution designated as a market-oriented public enterprise pursuant to Articles 4 and 5 of the Act on the Management of Public Institutions, and that the Plaintiff and the Defendant entered into four construction contracts with respect to connection facilities for transmission of the Hynified Power Headquarters (hereinafter referred to as the “instant contract”). The instant contract generally stated “the cost of the customer for transmission connection facilities shall be calculated as the design amount according to the Plaintiff’s design standards and accounting regulations, and the determination of construction cost shall be included in the Plaintiff’s own design cost and construction cost, and the Plaintiff’s own construction cost shall be included in the construction cost paid by the Plaintiff from the Plaintiff’s internal management expenses and the Plaintiff’s internal management expenses.

Furthermore, the lower court: (a) enacted the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) and enacted accordingly.

arrow