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(영문) 수원고등법원 2020.08.20 2019나19722
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant), the appeal filed by the Defendant (Counterclaim Plaintiff) and the claim for return of the provisional payment are dismissed.

2...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition of the written reasoning as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

(1) The court below's finding of facts and determination of the first instance court is justifiable even if the evidence submitted by the plaintiff and the Defendants to this court was examined lawfully, and there were no errors as alleged in the grounds for appeal by the plaintiff and the Defendants). The fourth 10th tier of the first instance court is added as follows.

In addition, Article 1 of the Special Conditions for the Contract of this case, the "to obtain the loan from the lending institution" is the defendants' business, but the defendants failed to receive the loan from the lending institution until June 7, 2017, and accordingly, failed to fully pay to the plaintiff the cost of the construction of this case according to the loan rate (Evidence 9, the result of the order issued by the court of first instance to submit financial transaction information to N Co., Ltd. and the result of inquiry) with respect to the construction of this case until the above period (the result of the order issued by the court of first instance)" is added as follows.

[Article 3(3) of the Special Conditions for the Contract of this case sets forth the final construction cost at KRW 6.75 billion as the details written on the basis of the final design documents presented by Gap (the defendants) and cannot require additional construction cost unless there is a design change at Gap's request: Provided, That where a design change is inevitable during the construction period, the amount and amount of the change may be reduced or decreased if there is an agreement between Gap and Eul (Plaintiff). (Article 3(3) of the Special Conditions for the Contract of this case shall be added as follows: (i) the Plaintiff fails to submit a design change agreement and a written confirmation related thereto up to the present date; (ii) the fiveth part of the judgment of the first instance shall be added as follows.

"The plaintiff shall be this Court.

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