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(영문) 서울고등법원 2014.11.20 2013나2026423
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) On September 6, 2010, the Defendant entered into a subcontract with the Plaintiff regarding the construction work of the Kimpo-ro apartment, etc. (hereinafter “instant construction work”) and the construction work of soil and structures among the construction work of the construction work of the six sections of the Ga-5-B apartment in the housing site development zone in the area of Kimpo-si, Kimpo-si, which the Defendant contracted from the Korea Land and Housing Corporation.

(1) A subcontract agreement which provides that the Plaintiff shall pay to the Plaintiff the construction cost of KRW 510,00,000, and the construction period of KRW 510,000 for the period from September 6, 2010 to August 15, 2012 (hereinafter “instant first subcontract”).

(2) On March 25, 2011, the Defendant entered into a modified contract with the Plaintiff on the content that the total construction cost of the instant 1 construction increases to KRW 599,600,000 (hereinafter “instant 1 modification contract”) by adding new construction cost to the 1st st st st st st st st st st st st st st st st st 201 and the 15,457,14 cost) and the 1st st st st st st st st st st st st st st st st st st st st st st st st st st 201.

3) The initial contract for the construction work of filling-out process among the instant First Works was KRW 167,348,90,00; however, as soil and sand transport distance has increased differently from the initial contract during the construction process, the Plaintiff demanded the Defendant to increase the construction work price to be returned. Around October 23, 2011, the Defendant and the Plaintiff agreed to accept the amount and unit price that the Defendant consulted with the Korea Land and Housing Corporation at the time of completing the modified design agreement and unit price consultation. 4) The Plaintiff completed the process of 9.38% of the instant First Work by the end of October 201, and accordingly, completed the process of 59,60,000 among the instant First Work, and accordingly, was related to the portion of the construction work price agreed by the Defendant until October 1, 201, and thus, the Plaintiff did not reflect the changed construction price of KRW 90,500 among the construction price to the extent of the changed construction price under the instant contract concluded on November 23, 2011>

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