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(영문) 서울중앙지방법원 2019.02.13 2016가합516726
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff and the Defendant constitute a joint contractor with the share of the Plaintiff 40% and the share of the Defendant 60% (hereinafter referred to as the “joint contractor of this case”) and executed the construction work of F (F; hereinafter referred to as the “instant bridge”) ordered by the E (E; hereinafter referred to as the “project owner”) which is a company of the Republic of Turkey and a company of the Republic of Italian Republic.

On November 2012, the Plaintiff and the Defendant constituted the instant joint supply and demand organization to participate in the bidding of the instant construction project.

The instant bridge was designed as a mixed structure of G and H for the first time during the world, and ① estimate of construction cost, ② calculation of air, ③ design and construction plan of Dek and cable were to be in charge of the Defendant, who holds a majority of the performance results of G and H construction, and the Plaintiff, who holds the local operating power of Turkey and the performance results of I construction orders, decided to take charge of the design and construction plan of the main company and the main company.

On December 10, 2012, the instant joint supply and demand organization received a tender draft stating that it submitted a technical proposal to the ordering person on December 10, 2012, and that it would submit a price tender by January 7, 2013, which was the last surveillance from the ordering person on December 20, 2012.

On January 7, 2013, the instant joint contractors submitted a price bid document to the project owner for the first time, and thereafter, the bid price was changed over several occasions through consultation with the project owner, and the instant joint contractors were selected as the contractor of the instant construction.

On March 7, 2013, the instant contracting body entered into a performance agreement with the ordering person, and started the instant construction work on June 27, 2013. On July 9, 2013, the instant contracting body entered into an EPC contract with the ordering person (hereinafter “instant contracting contract”).

The instant construction contract is final to extend the construction period on February 29, 2016 to June 30, 2016, and to make construction payment to USD 757,595,925.

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