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(영문) 서울고등법원 2017.05.31 2016나2031129
공사대금
Text

The judgment of the first instance, including the plaintiffs' claims changed in the trial, shall be modified as follows.

The plaintiffs and the plaintiffs.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, except for dismissal, deletion, or addition as follows. As such, the reasoning of the first instance judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act.

If the fourth 18th 18th 18th 18th 18th 201, "pre-determined qualification" was dismissed as "budgeted price"; the 9th 3th 4th 4th 3th 4th 4th 5th 9th 5th 2015, "the plaintiff and the defendant concluded a contract for the change of the construction contract four times between December 28, 2015 and December 29, 2016, and the contract amount was changed to 178,142,000,000 won on December 29, 2016, and the 9th 6th 6th 6th 200 "No. 120" and the 10th 10th 4th 4 "No. 4" respectively.

The 10-18th pages are as follows.

A. Article 5(3)2 (b) of the Act on the Management of Public Institutions is a commissioned-execution-type quasi-governmental institution, and Article 5(2) of the Rules on Contract Affairs of Public Corporations and quasi-governmental institutions providing for the standards and procedures for contracts of public corporations and quasi-governmental institutions, restrictions on participation in bidding, etc. pursuant to Article 39(3) of the said Act provides that the head of a agency or a contracting officer shall not make any special agreement or set conditions unreasonably restricting the contractual interests of the other

In addition, Article 2(5) of the above Rule provides that the Act on Contracts to Which the State is a Party shall apply mutatis mutandis to matters not prescribed in these Rules concerning contracts of public corporations and quasi-governmental institutions. Article 4 of the Enforcement Decree of the Act on Contracts to which the State is a Party shall be the head of each central government agency or a public official entrusted by him/her under the contract.

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