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(영문) 대전고등법원(청주) 2016.01.26 2014나21428
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is ordered.

Reasons

1. Grounds for the court’s explanation on this part of the facts are set forth in the judgment of the first instance.

The part of the claim is as follows, [based on recognition] as follows, with the exception of adding the phrase “(s) Nos. 5, B(s) 5 and 6(s) and the appraiser C’s appraisal result” to the column, and thus, it is identical to the corresponding part of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A) On November 14, 2002, the Defendant announced an emergency tender for the instant construction works on the basis of the Chungcheongbuk-do public notice on November 14, 2002. The main contents of the public notice include “the name of the construction project: B: the name of the construction project; the location; the construction period: the E-Myeon of the Chungcheongbuk-gun; the estimated construction period: the period for 60 months from the commencement date; the estimated construction amount for 43,049,40,000 won; the contract budget for the year 202: 40 million won; the tender and the method of contract: the international tender under the special provisions of the Enforcement Decree of the Act on Contracts to Which the State is a Party for a Specific Procurement; the total amount of tender; and the implementation of long-term continuing construction projects (hereinafter “instant public notice”).

(B) The Plaintiff participated in the said bidding and was selected as a successful bidder, and accordingly, entered into each of the following separate contracts with the Defendant regarding the instant construction works.

2) As to the first and second contracts, the Defendant entered into a contract on December 18, 2002 with the contract amount of KRW 400 million, the total construction amount of KRW 29,975,490,000 (which appears to be the total construction price bid by the Plaintiff), contract deposit of KRW 2,997,549,000, the commencement date, December 20, 2002, and December 31, 2002 (120 days, total construction period of KRW 60 months).

(B) Won, on February 25, 2003, the Defendant: (a) the contract amount of KRW 2,076,431,00; (b) the total construction amount of KRW 29,975,490,00; (c) the contract deposit of KRW 2,997,549,00; (d) the commencement date; (b) March 3, 2003; and (e) December 27, 2003.

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