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(영문) 서울고등법원 2018.08.24 2017나2072769
공사대금
Text

1. All appeals filed by the defendant Sin Sin Si are dismissed.

2. The costs of appeal shall be borne by the defendant Si/Gun/Gu.

purport, purport, and.

Reasons

1. As to the instant case, this Court’s reasoning is as follows, and the corresponding part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except where the judgment on the assertion made at the trial of the court of first instance is added. Thus, this Court’s reasoning is as follows.

Part 7: At the end of the first place, the following shall be added:

“The Plaintiffs, however, exclude any indirect costs incurred by the extension of the construction period requested by the instant lawsuit, excluding any indirect costs incurred by subcontractors.

) Subsequent to Chapter 11, Chapter 4, “(17,419,00,000)”, the Plaintiff added “in excess of KRW 1,703,199,564 [it is also the amount claimed by the Plaintiff as an amount of indirect costs increased at the time of the 7th amendment agreement, for which the second air extension was made, even at the time of the Defendant interesting City, (Article 1)]; and

At the bottom of the 17th page, the following shall be added to the 7th end:

The details of other expenses calculated by the appraiser of the first instance court may include some of the expenses concerning welfare expenses, etc. of this case which are less objectively related to the construction of this case, but such circumstances shall be reflected in the adjustment of indirect construction costs as seen later.

2. Determination as to the assertion made at the trial of the defendant Silsi

A. Article 26(4) of the General Conditions of this case at the time of Defendant Sinsi-si provides that the contract amount shall be adjusted in accordance with Article 23 in cases where the contract period is extended due to the occurrence of the causes under each subparagraph of Article 25(3).

The reason for the second extension of the air is the modification of the design that is added to the Madong-Gero-Geero-Gero-Gero, which does not belong to the responsibility of Defendant Si-Sero-si, the ordering agency, and does not fall under any of subparagraphs

Therefore, the contract amount shall be adjusted in accordance with Articles 26(4) and 23 of the General Conditions in this case at the time of Defendant Sin I.

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