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(영문) 서울고등법원 2020.02.07 2019나2021536
공사대금
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of filing an appeal by the Plaintiffs are assessed against the Plaintiffs.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance.

Part 4 5 of the attached Table "Submission of a report for delay of air," "Submission of a report for delay of air," shall be considered as "Submission of a report for delay of air."

Part V “3) The conclusion of the contract for the alteration of the third air period and the application for the adjustment of the contract amount (section 5-3 through 15) are as follows. 3) The Plaintiff sent an official letter to the Defendant on December 19, 2015, stating that “The time limit for the completion of construction shall be extended by December 31, 2016 for the removal of existing structures after the alteration of the operation line.”

B) On the same day, Plaintiff A sent to the Defendant an application for the adjustment of the contract amount of KRW 717,00,000 for the additional indirect construction cost incurred after December 31, 2014, which was the first completion date, and for the period expected to be later extended (one year after December 31, 2015) (one year after December 31, 2015), for the adjustment of the contract amount for the additional construction cost of KRW 717,00,000) and the Defendant on December 23, 2015.

(hereinafter “Third Period Extension Contract”). D. On December 23, 2016, the Plaintiff sent an official document requesting that “the Defendant pay the additional cost of indirect construction due to the extension of the construction period” to the Defendant, and the said official document reached the Defendant on December 26, 2016.

A person shall be appointed.

2. The reasoning for the court’s explanation on this part of the claim for an additional cost of construction is as follows. Thus, this part of the claim is cited by the main sentence of Article 420 of the Civil Procedure Act, except in the following cases.

Part VI “2 of the claim regarding delay in the procedures for the investigation of cultural heritage time and excavation and permission for occupation and use of rivers” (section 6).

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