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(영문) 서울고등법원 2020.07.17 2020나2000962
공사대금
Text

1. Of the judgment of the court of first instance, the part regarding Defendant Mineyang Free Economic Zone Authority shall be modified as follows:

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the part as stated in paragraph (2) below, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to Articles 23, 25, and 26 of the General Conditions of the Construction Contract, if the contract period is extended without any cause attributable to the other party to the contract, the other party to the contract may file an application for the adjustment of the contract amount to the extent that does not exceed the actual cost according to the modified contents with the ordering agency.

The fact that the construction period of each of the six and the seven contracts was modified due to the reasons not attributable to the plaintiff is as seen earlier. Therefore, the indirect construction cost incurred during the extended construction period for each of the extended teas is subject to the adjustment of the contract amount.

B. However, the instant indirect construction cost that the Plaintiff is seeking is not an alteration of design or a change of volume, but an additional construction cost incurred solely for the reason that the extension of the construction period is not an alteration of design or a change of volume, and the amount is also calculated in proportion to the construction period, not the content of the construction. As such, even if the construction period overlaps, the additional indirect construction cost is only common to all construction works in response to the extended construction period, and it does not occur individually in response

Therefore, the indirect construction cost corresponding to the construction period was not reflected in the next multiple contracts.

Unless there are special circumstances to deem that the indirect construction cost was additionally borne due to the extension of the construction period separately from the contract by the relevant number of vehicles whose construction period was extended, even though the above indirect construction cost was reflected in the contract by the next number of vehicles, the additional indirect construction cost for the construction period excessively overlapped due to the extension has already been paid.

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