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(영문) 서울고등법원 2017.09.01 2016나2067913

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition shall be revoked.

Reasons

1. Basic facts

A. On December 2004, the Administrator of the Public Procurement Service affiliated with the Defendant Republic of Korea issued a public tender notice for the construction work to extend the two-lane roads (No. 56 lines of State-funded local highways) to four-lanes from each other to each other and to each other (hereinafter “instant construction work”) with the Defendant Gyeonggi-do as an end-user institution, and with the total amount of 10.06km roads (No. 56 lines of State-funded local highways), which connects the legal principles of the Eup of the court of Pakistan-si and the merchant repair

B. The Plaintiff organized a joint supply and demand organization (the share ratio of investment with Plaintiff 70%, gender construction 30%, and representative of Plaintiff) with the Plaintiff and a joint supply and demand organization (the share ratio of investment with Plaintiff 70%, gender construction 30%, and representative of Plaintiff) in the form of joint performance, and was selected as a successful bidder.

C. On February 17, 2005, the Plaintiff et al. concluded the following contract regarding the instant construction work with the Administrator of the Public Procurement Service affiliated with Defendant Gyeonggi-do as an end-user institution (hereinafter “instant contract”).

Total construction amount: 65,929,600,000 won for the total construction period: From March 2, 2005 to March 1, 2010 (1,825 after commencement): Annual installments amount to 3,60,000,000 won for the construction contract for continuing expenditure from March 2, 2005; and 13,185,920,000 won for each year from 2006 to 2009, respectively; 9,585,920,000 won for the construction contract for continuing expenditure.

D. The instant contract was modified more than 10 times after its initial conclusion as follows.

On February 17, 2010 March 17, 2010: 46,150,720,778,800 on July 13, 2007; 47,523,070,00 on March 13, 2010; 200,367,030,000 on December 24, 2008; 206. 6. 53,00 on December 24, 2006: 16,00 on October 16, 200, 2005; 3. 4. Amended by Presidential Decree No. 188574, Oct. 16, 200; Presidential Decree No. 18858, Oct. 24, 2008; Presidential Decree No. 20650, Feb. 29, 2004; Presidential Decree No. 255581, May 10, 2014, 2006, 2004