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(영문) 서울중앙지방법원 2020.11.19 2017가합590233

공사대금

Text

All of the plaintiffs' primary and conjunctive claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

On April 21, 2010, the Defendant, as a public corporation established by the Korea Highway Corporation, announced a public tender for the “C Construction Work” D Section (hereinafter “instant Construction”) as a public corporation established by the Korea Highway Corporation.

The Plaintiffs organized the E Co., Ltd. (formerly: F Co., Ltd.; hereinafter referred to as “E”) and the joint contractors (hereinafter referred to as “joint contractors”) with respect to the field of fire-fighting during the construction of the instant case. The Plaintiffs independently shared the field of fire-fighting, and organized the instant joint contractors in the manner of joint performance by the Plaintiffs and E. The field of soil was determined as the representative of the joint contractors of the instant case.

Participating in the construction tender of this case, and the successful bidder was determined.

[However, on March 25, 2013, E was subject to measures to restrict the Defendant’s participation in bidding, and removed from the instant joint supply and demand organization on March 27, 2013. Accordingly, the said joint supply and demand organization adjusted the Plaintiffs’ share ratio in the field of soil during the instant construction project (Plaintiff A8.89%, Plaintiff B 1.11%). The Plaintiffs, E, and the Defendant concluded a contract for the instant construction project by a long-term continuing contract regarding the instant construction project. On July 30, 2010, E and the Defendant entered into an annual contract with the total contract amount of KRW 85,74,779,054, the total construction contract amount of KRW 150,00,000,000, and the construction contract amount of KRW 2,100,000,000 from July 30, 2010 to December 15, 2010.

(A) The term “instant construction contract”, including the annual contracts and the overall contracts entered into between the original and the Defendant, is collectively referred to as “instant construction contract.” The overall contract for the instant construction project is divided into the overall contract and the annual contract, and each annual contract is referred to as “the instant overall contract.” The term “the instant general contract” (Evidence 22; hereinafter referred to as “the instant general contract”) included in the instant construction contract, and the term “the instant special contract for the construction project.”