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(영문) 서울중앙지방법원 2018.05.18 2017가합530590
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. 1) Defendant Incheon Metropolitan City (hereinafter “Acheon City”) is the Defendant Incheon Metropolitan City (hereinafter “Acheon City”)’s announcement of tender and conclusion of contract on construction works for the Incheon Urban Railroad 2nd 21

The urban railroad construction headquarters under the jurisdiction of the Defendant’s Republic of Korea is the construction work of Incheon Urban Railroad 2-line 215 construction work (hereinafter “instant construction work”).

(2) The Plaintiffs and Yangyang Construction Co., Ltd. participated in the bidding on the instant construction project by organizing a joint supply and demand organization that implements the instant construction project by sharing the construction project, and was selected as an eligible person.

Accordingly, on June 24, 2009, the Plaintiffs and Yangyang Construction Co., Ltd. concluded a contract for construction works with the Public Procurement Service for the contract amount of KRW 48,331,000,000 and the construction period from June 24, 2009 to November 25, 2014 (hereinafter “instant contract”).

B. The Plaintiffs and Yangyang Construction Co., Ltd. constituted a joint supply and demand organization with the shares of the joint supply and demand organization organized by the Plaintiffs as follows: 46% of the shares of the said joint supply and demand organization; 30% of the Plaintiff Hanyang Construction Co., Ltd. (hereinafter referred to as “Stched Construction”); 14% of the Plaintiff Co., Ltd. (hereinafter “Stched Construction”); and 10% of the shares of the said joint supply and demand organization; however, Hanyang Construction Co., Ltd. withdrawn from the said joint supply and demand organization due to the nonperformance of payment. Accordingly, the final share ratio of the said joint supply and demand organization was changed to 53% of the Plaintiff Ptched Construction Co., Ltd., 33% of the Plaintiff

(hereinafter referred to as the "joint supply and demand organization of this case")

The contract of this case was amended on seven occasions, and the content of the contract was as follows. The construction of this case was completed on October 31, 2016.

On October 28, 2010, the comprehensive statement of the contract date of the revised contract (the original contract date) will be replaced by the deadline for the completion of the contract.

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