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(영문) 대구고등법원 2019.06.20 2018나25909
공사대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The Plaintiff filed a claim for the payment of KRW 532,422,720 of the indirect construction cost and damages for delay on the ground that the total construction period has been extended for 648 days as the total construction date was changed from August 14, 2015 to May 23, 2017 in the first instance trial.

With respect to an extension of the construction period of 505 days from August 15, 2015 to December 31, 2016, among the Plaintiff’s claims, the court of first instance dismissed the Plaintiff’s claim for the additional construction cost on the ground that the Plaintiff did not have any lawful application for the increase of the construction period from January 1, 2017 to May 23, 2017, for the extension of the construction period of 143 days on the ground that the Plaintiff’s claim for additional construction cost was reasonable.

Therefore, since only the Defendant appealed on the part against the Defendant among the judgment of the first instance court, the scope of the judgment of this court is limited to the claim for the additional cost of construction due to the extension of the total construction period of 505 days from August 15, 2015 to December 31, 2016, and the ancillary claim added by the Plaintiff to this court.

[On the other hand, as to the Defendant’s assertion of reduction in comparison with the Plaintiff’s claim for indirect construction cost due to an extension of the construction period from August 15, 2015 to December 31, 2016, the Plaintiff asserted that, upon acceptance of the Defendant’s claim, an indirect construction cost should be calculated, including the indirect construction cost for the portion of 143 days (from January 1, 2017 to May 23, 2017) extended during the construction period of the instant fourth water contract dismissed in the first instance trial (see, e.g., the part from the last 4th e., the preparatory document of May 28, 2019 to the second 5th e.g., the Plaintiff’s claim for indirect construction cost is not accepted, so far as the Plaintiff’s claim for indirect construction cost is not accepted.

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