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(영문) 서울고등법원 2020.08.20 2019나2030646
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning stated by the court in this part is as follows, except for the cases where part of the basic facts are changed or added and deleted as follows, since the part of the “2. Ground fact” from 4 to 5th, is the same as the part of the “2. Ground fact” under the main sentence of Article 420 of the Civil Procedure Act, this shall be cited by the court.

[Supplementary or additional deletions] Under the second page of the judgment of the court of first instance, the part “from 3 to 3, 1 and 1” was added as follows. The Daejeon Regional Construction Management Agency under the Defendant’s control concluded a contract for construction work in the method of a long-term contract (hereinafter “the instant long-term contract”) with the Plaintiff on September 2, 2003 through the Public Procurement Service (hereinafter “instant construction work”) on September 2, 2003 through a tendering procedure with respect to the construction work “B” (hereinafter “instant construction work”). The contract was concluded on September 4, 2003 with respect to the instant long-term contract in the form of a long-term contract (hereinafter “instant long-term contract”) with the total construction period of 1,800 days.

"The first instance court's 4 pages 1 to 5 pages 3 shall be followed as follows. "B"

On February 19, 2008, the Plaintiff changed the form of the contract for continuing expenditure with the Public Procurement Service in the manner of continuing expenditure contract. On February 19, 2008, the Plaintiff entered into the instant contract for continuing expenditure by setting the total amount of KRW 66,567,00,000 (amount of annual installments for construction work) and the contract amount of KRW 46,503,000 (amount of annual installments for construction work in the year 2008), KRW 7,700,000,000 in the year 209, KRW 11,60,000,000 in the year 201, KRW 13,60,000,000 in the instant contract, and KRW 5,80,000 in the year 2012 (hereinafter “instant continuing expenditure contract”).

(A) The contract (Evidence No. 3-2) states that “the date of commencement on February 20, 2008” and “the date of completion on March 26, 2009,” and “the date of completion” as “the date of completion on which the contract is completed.” 2) Since then, the Plaintiff prepares with the Daejeon Regional Land Management Office of Land, Infrastructure and Transport, and reflects the increased contract amount due to the modification of the design.

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