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(영문) 서울고등법원 2019.06.07 2018나2054331
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On April 21, 2014, the Defendant ordered C Co., Ltd. (hereinafter referred to as “C”) to build a new “E film hall” on six lots, including Seosan-si, K, and the 6th above ground level (Evidence A18), and C around November 4, 2014, the Plaintiff (at the time, the trade name was “FF of the stock company”; November 12, 2014, the trade name was changed to the current trade name) subcontracted the said new construction part of reinforced concrete to C Co., Ltd.

(2) No. 1.2

On the other hand, around October 28, 2014, the Defendant entered into a contract with the Plaintiff, instead of the Plaintiff, on the part of the structural frame (R/C, and steel frame) of the said new construction works (hereinafter “instant construction works”), under which the contract was entered into between November 1, 2014 and April 15, 2015, under which the rate of liquidated damages for delay is 3/1,000 per day, with respect to the construction cost of the said new construction works, KRW 3.425 million, and the construction period is 3.5 billion (hereinafter “instant construction contract”). The details of the special agreement regarding the modification of the contractual unit price and the payment for the construction cost under the design modification are as follows:

(See 10 pages of the evidence No. 3). 【Standard for Application for Design Alteration】 Article 4

1. We (Defendant) may at any time order the modification of designs within the scope of the contractual right, and the subcontractor shall comply therewith.

2. In principle, the original contractual unit price shall be applied, increased or decreased, when a design is modified;

【Construction Cost and Payment Conditions】 Subcontract construction cost of KRW 3,425,000,000 (value-added tax separate) shall be KRW 3,425,000,000 in total.

1. Time to pay the first progress payment: He/she shall pay the first progress payment after completing the floor works on the second floor and examining the feasibility of the second floor;

2. The payment for completed portion after the second anniversary shall be made monthly; and

(Provided, That the payment shall be made on the last day of the following month after the request for the payment)

C. After that, on April 21, 2015, the Plaintiff completed the construction of the part from the first to the second floor of the ground (hereinafter “instant construction parts”) among the instant construction works and the part in which the volume increased according to the design modification (hereinafter “instant design modification part”), and subsequently, to the Defendant.

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