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(영문) 서울중앙지방법원 2017.08.30 2016가합522486
공사대금
Text

1. The defendant shall pay for the plaintiff Hanjin Industries Co., Ltd. 5,091,790,774 won, and 565,754.

Reasons

1. Basic facts

A. 1) The Ysan District Management Office, the Defendant’s affiliated organization, for the instant construction contract, is the Plaintiffs, the joint contractors on October 22, 2004, and the Yyang Construction Co., Ltd. (hereinafter “Namyang Construction”).

2) The construction company of Song village is a corporation specializing in the construction of Song village (hereinafter referred to as “the construction of Song village”).

B) As between the Corporation, the contract for the instant construction contract is concluded between October 26, 2004 to October 25, 2009 and the total construction cost of KRW 101,124,000,000 (hereinafter “the instant construction contract”).

2) The instant general conditions of the construction contract incorporated into the instant construction contract are as follows.

The main contents of the agenda shall be as shown in the attached Form.

3. On the other hand, in 2009, the Southern Heavy Industries transferred its equity shares to and withdraws from the Plaintiff Hanjin Heavy Industries, and the Plaintiff Hanjin Heavy Industries acquired 90% of the Plaintiff Hanjin Heavy Industries and 10% of the 10% of the 10% of the 10% of the 2009.

B. The instant construction contract was amended by the instant construction contract and the instant construction contract completed through the long-term continuing construction contract on February 25, 2008. The instant construction contract was amended by the continuing expenditure contract on February 25, 2008. The total construction cost was KRW 101,124,000,000, and the total construction period was 1,825 days from October 26, 2004 to October 25, 2009, but it is apparent that the total construction cost was 137,04,320,000, and the total construction period was 137,04,320,000, and the total construction period was 4,146 days from October 26, 2004 to March 2, 2016, based on the evidence No. 1-19, A’s total construction period was 4,083 days from October 26, 2004 to October 26, 2016.

was changed to the former.

Only the modified contract, the construction period of which is extended in relation to the instant construction contract, shall be organized in detail.

On October 23, 2009, the reason for the total number of construction days during the construction period as the date of the modified contract, including the delay in allocating the project budget from October 26, 2004 to December 31, 2012, the delay in allocating the project budget from December 31, 2012, the government’s annual installment payments for the continuing expenditure project, etc.

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