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(영문) 부산지방법원 2019.11.22 2019나40277
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, and thus, the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to the reasoning of the court of first instance.

In the first instance judgment, the first instance judgment’s “4,039,310 won” as “56,793,635 won (=932,00,000 - 875,206,365 won)” in the third instance judgment.

On the 3rd page of the first instance judgment, the phrase “the amount of reduction reduced” in the 10th page of the first instance judgment is calculated as “the amount of reduction reduced” reflecting the above reduced amount.

If the fifth sentence of the first instance judgment is followed, the last sentence is followed.

The parts of the subsection are as follows:

A person shall be appointed.

A. According to Article 14-2 of the General Conditions of the Construction Contract in this case as to whether reduction of construction cost due to design modification has been recognized, the Plaintiff and the Defendant agreed to adjust the contract price of the construction contract in this case upon request by the ordering person or by the Defendant’s design modification, etc. The construction work in this case occurred upon request by C, which is the ordering person. Accordingly, the Defendant has been adjusted to reduce the amount equivalent to 56,793,635 won for the subcontract price due to design modification. The Defendant requested the adjustment of the contract price by attaching a revised statement of calculation of construction cost as to the portion related to the Plaintiff among the subcontract price reduced by the ordering person, but the Plaintiff failed to respond to the request (No. 10-1, 2).

Comprehensively taking account of the following facts revealed, Article 14-2 of the General Conditions at the time of the conclusion of the instant construction contract, namely, the contract amount of the instant construction contract shall be adjusted in the event of increase or decrease in construction volume upon the request of the ordering person or the defendant’s design modification, etc., and the Plaintiff avoided the contractual obligation in response to the contract amount adjustment requested by the defendant, and the calculation amount of the contract amount to be reduced as

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