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(영문) 전주지방법원 2015.09.09 2014가합7598

공사대금

Text

1. The Defendant: (a) 380,832,331 won to the Plaintiff Gold Industry Co., Ltd.; and (b) 339,959,211 won to the Plaintiff Newsung Construction Co., Ltd.

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into the instant contract with the Public Procurement Service to “construction work for the following industrial complex and wastewater terminal treatment facilities” (hereinafter “instant construction work”).

On August 3, 2010, the Public Procurement Service ordered the design and construction of the project. On a package deal basis, the government ordered the construction project to the end-user institution as the Defendant and announced the announcement of the construction of the “construction of the wastewater terminal treatment facilities for Isan Industrial Complex.” 2) Plaintiff Gold Industrial Co., Ltd. (hereinafter “Plaintiff Gold Industrial”), the Plaintiff New Construction Co., Ltd. (hereinafter “Plaintiff New Construction”), the Hanra Industrial Development Co., Ltd. (hereinafter “Plaintiff New Construction”), and the Hanra Industrial Development Co., Ltd. (Seoul Central District Court Decision 2012 Gohap206, Nov. 2, 2012; hereinafter “Plaintiff Han Industrial Development” was authorized on July 12, 2013 without distinguishing it from the rehabilitation period; hereinafter “the Plaintiff Hansan Industrial Development”) to participate in the said tender as the successful bidder; on December 30, 2010, the total construction period of the instant construction project between the Defendant and the Defendant for 548 days (from December 30, 2019, 201605).

3) The ratio of the Plaintiffs’ investment in the joint supply and demand company is 44.91% of the Plaintiff Gold-ho, 40.09% of the Plaintiff Newsung Construction, and 15% of the Plaintiff Han Han-dong Industrial Development. (B) The instant contract was concluded on a total of four occasions. The Defendant changed the overall contract of the instant contract and each of the following contracts due to the change of design, extension of relay pumps, etc., and finally, the completion period of the instant construction contract and the overall contract was extended from June 29, 2012 to August 20, 2013.

2. The amendments to the overall contract of this case are as follows.

The contract date shall be classified.