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| TITLE | Supreme Court Decision 2020Da210860, 210877 Decided October 12, 2023 【Reimbursement; Construction Payment】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where the amount to be paid to a contractor in proportion to the work completed in a construction should be calculated as a contract for construction work is terminated even though the contractor does not complete the construction work, the method of calculating the cost of construction and, in such a case, the meaning of the ratio of the amount of construction work completed Where a special contract including that the payment for construction should be changed depending on changes in the design and specifications of a contract for construction work is concluded, the method of calculating the cost of construction in proportion to the work completed [2] Where the amount to be demanded has been actually expanded until the termination of the corresponding lawsuit after expressing the intention to expand the amount to be demanded in the future depending on the level of the progression of the lawsuit in the process requesting a part of a claim subject to demand in the written complaint, whether the interruption of prescription arising from a judicial claim may be effective in relation to the whole of the claim from the time when the lawsuit was instituted (affirmative) [3] The court’s duty of explanation or indication regarding legal matters | |
