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(영문) 서울중앙지방법원 2020.01.30 2018가합512186

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the contractors who concluded a construction contract with the Public Procurement Service, which is an affiliated organization of the defendant Republic of Korea, for the “C Road Expansion and Package Construction Work” (hereinafter “instant construction work”). The defendant Republic of Korea is the contractor who ordered the instant construction work, and the defendant Gangwon-do is the procuring entity of the instant construction work.

B. On February 20, 2009, the Plaintiffs stated the instant construction contract as the contract amount of 798,000,000,000, and the construction period from February 23, 2009 to December 20, 2009. The Plaintiffs stated the total contract amount of 43,475,479,000, and the total construction period of 1,800 days (1,00 days from February 23, 2009 to January 28, 2014) with the Public Procurement Service as the first construction contract (hereinafter “instant contract”) for the instant construction project (hereinafter “the instant contract”), while overallizing the contract for the instant construction project, the said contract shall be referred to as “number of borrowed contracts” and the said contract shall be referred to as “number of borrowed contracts”.

(2) The instant contract is a long-term continuing construction contract, and the instant contract was concluded in sequence by the 11st and the amendment contract was made until the closing of the argument in the instant case. The main contents of the instant contract are as shown in the attached Table.

3) The instant construction project continues to be performed as the 11th multiple contracts at the time of the closing of argument in the instant case. 4) The relevant statutes applicable to the instant construction project and the general conditions of the instant construction contract, which serve as the contents of the instant contract, are as follows.

The head of each central government agency or the public official in charge of contracts under Article 19 of the Act on Contracts to Which the State is a Party (hereinafter referred to as the "State Contract Act") shall conclude contracts for construction works, manufacturing contracts, or services, or other contracts that imposes a burden on the National Treasury, and shall, when it is necessary to adjust the contract amount due to price fluctuation, design modification, or amendment to the terms and conditions of contracts,