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(영문) 서울동부지방법원 2015.12.16 2013가합1776

공사대금

Text

1. As regards Defendant Korea Rail Network Authority,

A. As to KRW 1,866,339,973 among the Plaintiffs’ KRW 1,878,552,302 and KRW 1,86,39,973, June 2014.

Reasons

Basic Facts

On February 2002, the Public Procurement Service, under the Defendant’s Republic of Korea, requested the Public Procurement Service to enter into a construction contract with a view to promoting the central line E or F-F-related construction project (69.2km). On February 2, 2002, the Public Procurement Service, among the above construction projects, made a public tender notice for the construction project for the construction project for the construction project for the construction project for the construction project for the construction project for the term of 5.349km from the date of commencement of the entire construction contract (hereinafter “instant construction project”).

On March 19, 2002, the Plaintiffs participated in the bidding and received the award on March 19, 2002. On March 29, 2002, the Plaintiffs entered into the first contract for the construction work with the Defendant and the Republic of Korea by adding the total construction amount of KRW 54,88,152,00 (total construction 1,825 days) to the contract amount of KRW 1 billion, the construction period of KRW 1 billion, and the first contract for the construction work between April 3, 2002 and December 9, 2002.

Meanwhile, the Defendant Korea Rail Network Authority (hereinafter “Defendant Rail Network Authority”) was established on December 31, 2003 and comprehensively succeeded to the rights and duties related to the facility assets under construction by the Korea Rail Network Authority under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act.

After the alteration of the total construction period, the aforementioned construction contract needs to be changed due to the extension of construction period due to the increase or decrease in quantity, price fluctuation, and budgetary shortage. However, on February 23, 2007, the Plaintiffs requested the Defendant Corporation to extend the construction completion period from April 2, 2007 to December 30, 2010 by requesting the extension of the construction completion period on the grounds of the lack of budget compilation in accordance with the central line opening plan through the head of the supervision group. On September 22, 2008, the Defendant Corporation requested the extension of the completion period from December 30, 2008 to December 30, 2010 on the grounds of “re-design due to the lack of budget compilation, on-site changes, etc.,” through the head of the supervision group, for the extension of the completion period from December 30, 2008 to December 30, 2010.”