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(영문) 서울중앙지방법원 2015.02.06 2013가합3854

공사대금

Text

1. The Defendants shall be jointly and severally liable:

A. As to KRW 737,539,272 and KRW 61,428,750 among the Plaintiff, from June 14, 2014.

Reasons

1. Basic facts

A. On November 2009, the Defendants held a tender to select the construction work of “F building” (hereinafter “instant building”) on the ground of Gangnam-gu Seoul, Seoul (hereinafter “instant construction”) on November 3, 2009, and held a tender presentation session on November 3, 2009, and the main contents of the tender guide issued for this purpose (hereinafter “instant tender guide”) are as follows.

2. 11) Civil engineering, construction main works (including machinery/electric/communication/fire fighting works) and landscaping works - excluding estimate (including estimate) and waste removal works (hereinafter referred to as "project owner") in the present site - Removal of existing buildings (hereinafter referred to as removal works).

4.11Effective Guidelines shall have the same effect as the contract.

4. 14 Tender Statement 2) The Defendants recognize that the Defendants can perform complete construction works intended by the Defendants due to the estimate details and bid amount submitted by the bidders. If any of the design documents (such as drawings, specifications, tender guides, and questionnaires) presented to the ordering person are expressed at any time, the tender documentation shall be reflected in the preparation of the tender documentation, and any liability for omission and mistake and any cost incurred therefrom shall be borne exclusively by the contractor. 4. 15 Additional Construction and Settlement 2) The change of the quality of works and designated materials different from the drawings during the course of construction may be deemed as design alteration and additional construction in consultation with the ordering person, and the settlement shall be made only for the matters determined by consultation with the ordering person.

3) Full modifications of manufacturing works among the same material shall be recognized as additional works, and settlement shall be conducted only with respect to matters determined and consulted with the ordering person. 4) If construction is conducted with the approval of the Defendants in accordance with the design drawings and specifications and then reconstruction is conducted in accordance with the modification of design, settlement shall be

6 The defective and doubtful matters of construction works shall immediately be determined in consultation with the Defendants, and shall be determined.