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(영문) 수원지방법원 2017.02.09 2013가합19383
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) is each liable to pay KRW 25,250,00 to the Defendant (Counterclaim Plaintiff) Construction Co., Ltd. and Dae Chang Construction Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendants enter into a contract between the Republic of Korea and the Defendants. The Defendants are joint contractors that publicly notify a bid by the Public Procurement Service affiliated with the Republic of Korea for the extension of a living hall (hereinafter “the extension of a living hall”).

2) The Defendants’ share ratio is 25% of each of the 25% of the Defendant Western Construction Co., Ltd. (hereinafter “Defendant Western Construction”), Defendant Tae Chang Construction Co., Ltd. (hereinafter “Defendant Tae Chang Construction”) and Defendant B Co., Ltd (hereinafter “Defendant B”) as successful bidders.

3) From September 9, 201 to August 28, 2013, the Defendants entered into a subcontract with the Republic of Korea regarding the extension of a living hall on three occasions. B) On November 21, 2011, the Plaintiff entered into a subcontract with the Defendants for the extension of a living hall (hereinafter “instant one”) with respect to the contract amount of KRW 1,048,30,000 (including value-added tax) and the construction period from November 21, 201 to July 5, 2013. The Plaintiff entered into a subcontract with the Defendants for the extension of a living hall (hereinafter “instant one”) to the extent that the contract was modified from July 1, 2012 to July 5, 2013.

2) On March 5, 2012, the Plaintiff’s construction of reinforced concrete (civil engineering) between the Defendants and the Defendants (hereinafter “instant two construction”).

(3) On January 21, 2013, the Plaintiff entered into a subcontract with the Defendants for the secondary construction of reinforced concrete (hereinafter “instant three construction”) with respect to the contract amount of KRW 453,90,000,000 (including value-added tax) and the period of construction from March 5, 2012 to December 31, 2012. However, on April 10, 2012, the Plaintiff entered into a subcontract with the Defendants by setting the contract amount of KRW 84,00,000 (including value-added tax) and the period of construction from April 10, 2012 to December 10, 2012.

The case No. 1, 2, 3

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