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(영문) 서울동부지방법원 2020.09.16 2017가합109654
공사대금
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 5, 2008, the Defendant issued a public notice of tender stating that the design price (including additional taxes) shall be KRW 171,488,370,000 with respect to B (C Section) construction (hereinafter “instant construction”) and the construction period shall be KRW 2,100,000.

B. The Plaintiff and D Co., Ltd (hereinafter collectively referred to as “Plaintiff, etc.”) constituted a joint supply and demand organization and designated as a successful bidder as a result of the participation in the instant construction project.

C. On December 29, 2008, the Plaintiff et al. entered into a contract with the Defendant for the construction work of this case from December 29, 2008 to December 30, 2008, setting the construction cost as KRW 11,260,00 with respect to each of the construction work of this case, and entered into the contract for each of the construction work of this case as KRW 11,260,00, the total construction period of the overall contract was 2,100, and the total construction cost was 124,19,226,640.

A long-term continuing construction contract is a long-term continuing construction contract in which total construction cost is additionally stated and each lot of contracts are concluded within the budget of the year.

After that, the plaintiff et al. and the defendant concluded each contract for the construction of the instant construction project on ten occasions with respect to the instant construction project, and concluded a modified contract for the construction project by each number of vehicles. The main contents are as follows:

(1) The Plaintiff, etc. and the Defendant indicated the “construction suspension period” when concluding a three-dimensional contract with the Plaintiff, etc., while entering into a contract with the Plaintiff, etc., on the other hand, when entering into the contract with the Plaintiff, etc., and entering into the contract with the Plaintiff, etc., on the other hand, when entering into the contract with the Plaintiff, etc., they indicate the “construction suspension period”. When entering into the contract with the Plaintiff, etc., they set the construction suspension period, they did not claim additional expenses during the contract period, excluding the contract period during the construction suspension period, and they did not claim additional expenses during the contract period, excluding the contract period during the construction site in advance, thorough preparation for disaster and on-site adjustment, and their responsibilities for the occurrence of disasters and civil petitions due to insufficient prior measures.”

In addition, the 7th contract is concluded.

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