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(영문) 서울중앙지방법원 2017.01.11 2014가합564059

공사대금

Text

1. The defendant shall each be 752,856,096 won and 167,301,354 won and 167,301,354 won and 1.

Reasons

1. Basic facts

A. 1) The Gyeongnam Local Government Procurement Service, the Defendant’s affiliated organization, extended a road of 2,491 meters in total to D and E in Jinhae-si around November 2005 (hereinafter “instant construction”) from among the projects that expand a road of 2,491 meters in total to D and E in Jinhae-si (hereinafter “instant construction”).

As to the expected construction amount, KRW 30,931,50,00 (including value-added tax) and KRW 1,440 (1,440) have been determined as a long-term continuing construction project after the commencement of the construction period, and the public announcement of tender by means of bidding was made. 2) The Plaintiffs (hereinafter referred to as “stock company” was omitted) constituted a joint supply and demand company (representative company: Plaintiff A) for the supply and demand of the instant construction project.

The ratio of its investment is 45% for each of the civil works sections A, B, C, 10% for the plaintiff C, and B is 100% for the electrical works.

3) The Plaintiffs are joint contractors organized as above and awarded contracts for the instant construction work in KRW 22,584,578,400 on December 27, 2005 with the Defendant (demanding Agency: Busan Regional Land Management Office) through the Busan Regional Land Management Office (hereinafter “instant construction contract”).

(4) The instant construction contract was executed in 22,584,578,400 won within a total of 1,440 days from December 29, 2005, and the major contents of the general conditions (hereinafter “instant general conditions”) are as follows.

1. The details of the general conditions of the construction contract shall be as shown in the attached Form;

2. The description of the special conditions shall be as follows.

5) Meanwhile, the instant construction contract stipulates to the effect that the terms and conditions of the joint contract operation guidelines in force as of the date of concluding the contract with the plaintiffs' joint supply and demand relationship (the terms and conditions of the joint supply and demand agreement under the Accounting Rules of the Ministry of Finance and Economy are applied as they are), and that Article 8 of the above joint supply and demand agreement stipulates to the effect that "the price shall be paid to each of the representatives

B. The instant construction contract was modified.