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(영문) 서울고등법원 2017.07.21 2016나2069599

공사대금

Text

1. All appeals by the plaintiffs and the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. 1) The Defendant is a large-scale civil construction work ordered by the Ministry of Land, Transport and Maritime Affairs (Jurisdiction of the Ministry of Land, Transport and Maritime Affairs) in around 2009, for the purpose of preventing flood, securing diverse water, improving water quality, and restoring ecology, creating multi-functional complex space, building a framework for regional development, building an institutional device for integrated management of rivers, etc. (hereinafter “the instant construction work”).

As to the design and package deal project (Turn-Ky Base). 2) The plaintiffs (hereinafter referred to as "stock company" is omitted when individually named the plaintiffs), the promotion company company, the Gyeongnam company, and the Samju Construction Co., Ltd., as representative for the execution of the contract of this case (hereinafter referred to as "for convenience, when the joint supply and demand is referred to as "the above joint supply and demand company" in relation to the execution of the contract of this case or when the act of the plaintiff KS construction as representative of the said joint supply and demand company is referred to as "the plaintiff" in relation to the execution of the contract of this case) was formed, and entered into a contract for the construction of this case (hereinafter referred to as "the contract of this case") with the defendant on October 27, 2009 after being awarded the contract of this case in the bid of this case, and thereafter,

B. Plaintiff SK Construction, including the Plaintiff’s investment ratio, determined that each of the members of the joint contractors opened a passbook and receive payment according to the share ratio. In the contract of this case, the contract of this case determined that each of the members of the joint contractors opened a passbook and received payment according to the share ratio. < Amended by Presidential Decree No. 20358, Dec. 31, 2007>

C. The instant contract is a long-term continuing construction contract, and the first total construction cost is KRW 248,303,00,000, in total.