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(영문) 서울고등법원 2018.11.29 2018나2031451
공사대금청구의 소
Text

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

Reasons

1. Facts of premise;

A. On May 31, 201, the Plaintiff entered into and amends the first number of contracts (i) the National Defense Facility Headquarters affiliated with the Defendant under the Ministry of National Defense (hereinafter referred to as the “Defendant”) and refers to the Defendant and the National Defense Facility Headquarters.

from the “A Corporation” (hereinafter referred to as the “instant Corporation”)

) A contract was concluded between the construction cost of KRW 9,97,00,000, and the construction period from May 31, 201 to August 30, 2012. However, the total construction cost of KRW 40,275,821,460, and the total construction period of KRW 40,275,821,460, and the total construction period of KRW 31, May 31, 201 to November 30, 2013 were additionally stated and entered into the first number of contracts (hereinafter “instant first number contracts”).

2) The instant amendment contract was concluded as follows.

On October 27, 2012, the Plaintiff and the Defendant concluded the instant contract for the extension of the construction period from November 2012 to November 35, 2012, 2013 without changing the construction amount and the construction period of the instant first number of contracts on the ground of “a change, price fluctuation, and details change due to the difference in design documents and site conditions” from November 4, 2013 to 30,275,821,460 to 45,932,380,000 to 46,558,540, 2015, on October 21, 2015, on the following grounds: (a) the Plaintiff concluded the instant contract for the extension of the construction period from 30,275,821,460 to 30,000 to 45,65,58,50,000 won; and (b) the Plaintiff concluded the instant contract for the extension of the construction period from 30130,215.

(hereinafter “the second multiple contracts of this case”). The second multiple contracts of this case were concluded several times as follows.

① On November 4, 2013, the Plaintiff and the Defendant on November 4, 2013, the second multiple contract amount is 35,935,380, due to “a change in the standard drawing, a difference between design drawings, a omission in the details, a disagreement, or a difference in on-site conditions”

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