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(영문) 서울중앙지방법원 2016.06.02 2014가합546259

공사대금

Text

1. All of the plaintiffs' claims against the primary defendant are dismissed.

2. Preliminary defendant 2,938,928.

Reasons

1. Basic facts

A. On January 7, 2015, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings under the Seoul Central District Court 2014 Gohap100212 on January 7, 2015. A manager of the same secondary construction company took over a lawsuit against the debtor, but the debtor, on April 2016, the debtor, Dong secondary construction company B took over the lawsuit again.

Before the commencement of rehabilitation procedures, "Dong Construction" shall be referred to as "Dong Construction," and "Plaintiffs" shall be referred to as "Dong Construction," regardless of whether before or after the commencement of rehabilitation procedures, for convenience.

(2) On October 13, 2006, the Plaintiff Air Construction Co., Ltd. and the Plaintiff Air Construction Co., Ltd constitute a joint supply and demand organization under the joint implementation method, the representative of which is the construction of the Dong department, with respect to the construction contract for the construction project (demanding Agency: Defendant Chungcheongnam-do), which is an affiliated organization of the Defendant Republic of Korea, and the State-funded Local Highway Construction Contract (hereinafter “instant construction contract”).

(2) The instant construction contract was concluded on September 20, 201 (1,800 from the commencement of works, 1,800 days from the commencement of works, and 1,800 days from the completion of works) as continuing expenditure contracts, which were originally the contract amount of KRW 48,213,00,000,000, and the completion date of works.

3) The contract amount and the completion date were concluded several times between Defendant Chungcheongnam-do and the Plaintiffs regarding the instant construction contract. The completion date was finally extended on December 31, 2014 (2,937 from the commencement date of construction) in the modified contract concluded around December 20, 2012. (B) The contents related to this case among the general conditions and special conditions of the instant construction contract incorporated into the instant construction contract and the main conditions of the instant construction contract are as follows. (General conditions of the construction contract) Article 1 (General Provisions) and the contracting officer of the construction contract (hereinafter “the contract”).

with respect to a contract agreement for construction works as described in the section 3, it shall be in good faith and sincerity as prescribed in the contract document.