logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2015.09.22 2015나10203
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 2, and 3, the plaintiff was awarded a contract from the defendant on November 20, 2012 for the development of factory sites and the foundation, civil engineering works, construction works, private earth and sand construction works, etc. (hereinafter “instant construction works”) with the defendant on November 20, 2012 (hereinafter “instant contract”). The following costs, and the defendant: ① The plaintiff was awarded three contracts with the defendant on July 17, 2013, with the content that the plaintiff was awarded a contract with the defendant for three of the above land-free coal-free construction works, and for three of the above land-free construction works, 350 million won (Additional tax), and the fact that the plaintiff was awarded a contract with the defendant on July 17, 2013, and ② The plaintiff completed each of the above construction works with the soil-free installation works, 250 million won, and each of the above land-related construction works, respectively.

2. Determination:

A. The Plaintiff’s assertion increased the volume of earth during the construction process of the instant construction project, changes in retaining walls, etc., thereby increasing the construction cost in total to KRW 861,742,012.

However, since the defendant paid only KRW 60 million among them, and does not pay the remainder of KRW 201,742,012, the defendant is seeking the payment.

B. In order to claim against a contractor for additional construction costs in addition to the contract price stipulated in the contract, it shall be asserted that the contractor has agreed to pay a separate contract price for the additional construction or modification work, such as the conclusion of a modified contract to increase the contract price, in addition to the execution of the additional construction or modification work not included in the contract price, unless there are special circumstances, and the additional construction or modification work shall be conducted under the agreement that the additional construction or modification work shall be executed within the scope of the contract price stipulated in the contract.

arrow