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Reasons
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(영문) 수원지방법원 2014.06.20 2013가합2132
공사도급계약 유효 확인 등 청구의 소
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1. All part of the instant lawsuit dismissing the claim for confirmation of the validity of the contract on construction works.

2. The plaintiff and the defendant.

Reasons

1. Basic facts

A. The Defendant, on May 6, 201, was a tender for the instant construction project and a contract form 1) the construction project to build the 866-1 ground and the 3rd East-dong Residents' Self-Governing Center on the Second Ground and the third floor above the ground (hereinafter “instant construction project”).

(2) The contract method of the instant construction project, which was publicly announced as a successful bidder of the instant construction project, is a long-term contract in which the Plaintiff tenders the total amount stipulated in Article 24(1)1 of the Act on Contracts to Which a Local Government Is a Party (amended by Act No. 12000, Aug. 6, 2013; hereinafter “Local Government Contract Act”), and enters into an annual contract on part of the successful tender amount within budgetary limits of each fiscal year.

B. On May 27, 2011, the Plaintiff and the Defendant concluded a contract for the instant construction works with the total construction cost of KRW 3,898,963,119, and the total construction period of KRW 2,201 to July 6, 2012, and with respect to part of the instant construction works (common construction works, steel framed construction works, etc.), the construction cost of KRW 2,94,385,975, the construction period of KRW 2,945,975, June 2, 2011 to March 27, 2012, and damages rate of KRW 1,100 (hereinafter “the instant contract for the construction works”).

(2) On June 2, 2011, the Plaintiff received KRW 1.7 billion from the Defendant as advance payment.

3) Meanwhile, according to the suspension of construction from January 5, 2012 to March 1, 2012, where the first construction was in progress, the Plaintiff and the Defendant agreed to extend the first construction period from March 2, 201 to May 23, 2012. 4) The Plaintiff and the Defendant, on April 25, 2012, increased the total construction cost of the instant construction from KRW 3,898,963,119 to KRW 3,952,541,14 won, and the total construction period from June 2 to June 6, 2012 to June 201 to June 21, 201, to KRW 201 to May 23, 2012, from KRW 3,89,963,119 to KRW 3,541,144, and the construction price of the instant construction from KRW 203 to KRW 45,296,597,97.20

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