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(영문) 서울고등법원 2020.07.17 2020나2010808

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Details of the conclusion and change of a contract agreement on construction works and the implementation thereof;

A. 1) The Defendant’s contract for construction work is the construction work of Ma Dam in K and L belt (hereinafter “instant construction work”) for the purpose of securing the water to maintain the water level of the river at the Han River basin, preventing flood damage on the main stream of the I River and Jcheon Coasts, and ensuring the stable supply of living industrial water in the area north-do at the Gyeong River basin.

(2) The plaintiffs and N Co., Ltd. (hereinafter referred to as "Co., Ltd.") shall implement the construction period on July 10, 2009 with the date of commencement of the construction period of 1,820 days (including the period of trial operation, holidays, and the number of days of suspension of construction, etc.) as the representative of the Plaintiff Co., Ltd. (hereinafter referred to as "Co., Ltd.") (each participating share shall be 56.84% of the Plaintiff Co., Ltd., and 56.84% of the Plaintiff Co., Ltd., Ltd., and B (B) (the Seoul Central District Court 2015hap1025, Sept. 3, 2015) (the period of suspension of construction, etc.) and completed the rehabilitation procedure on Oct. 12, 2017.

(E) The rehabilitation debtor E (E is decided on November 16, 2018 by the Seoul Rehabilitation Court 2018 Gohap1027, which was decided upon commencement of rehabilitation procedures on June 27, 2019; hereinafter referred to as “E” for convenience, regardless of the commencement and termination of rehabilitation procedures and the process of litigation.

The 5% of the Plaintiff G, 6.06% of the total construction period, and 5% of the Plaintiff H. The N participated in the bidding after receiving a decision on commencing the rehabilitation procedure on January 7, 2015, and the withdrawal from the joint supply and demand organization through agreement with the Plaintiffs and the Defendant). As a result, the N participated in the bid. On December 30, 2009, the contract for construction work in a long-term continuing construction period is determined from December 30, 2009 to December 23, 2014 (1,820 days from the date of commencement) to December 23, 2014.