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(영문) 서울중앙지방법원 2018.11.07 2017가합579946
공사대금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Defendants entered into a contract for construction works and a subcontract (hereinafter “instant contract”) with the Republic of Korea, on December 7, 201, entered into a contract for construction works (hereinafter “instant contract”) with the Republic of Korea, by constituting a joint contractors and participating in bidding on D&D projects ordered at the actual market price (hereinafter “instant construction works”).

On March 19, 2012, the Defendants entered into a subcontract with the Plaintiff and the instant reinforced concrete construction among the instant construction works with the amount of KRW 2,582,80,000, and the construction cost of the instant reinforced concrete construction as KRW 2,609,200,00 with respect to the instant soil construction works (each of the instant soil construction works and the instant reinforced concrete construction works; hereinafter collectively referred to as the “instant structure construction”).

On September 15, 2014, the Plaintiff and the Defendants concluded a contract to change the construction cost of the instant molding construction into KRW 2,654,300,000, and the construction cost of the instant reinforced concrete construction to KRW 2,684,300,000.

(hereinafter collectively before and after the amendment, the bill of quantity of materials for each type of work prepared and accompanied by the fact-finding market at the time of the lawsuit process between the time of truth-finding and the Defendants, and the bill of materials for each type of work to be attached, stated that the river materials (Set Pe, H-type lecture, L-type lecture, hereinafter referred to as “the river materials”) for the household facilities construction (hereinafter referred to as “the river materials of this case”) shall be used for three months. However, unlike the bill of quantity of materials written in the schedule of planned construction submitted by the Defendants at the time of fact-finding, the bill of materials for each type of work stated that the river materials of this case shall be used for the household facilities construction and biological reaction support work during the construction of the household facilities of this case, and for 21 months or more.

Defendant B Co., Ltd. (hereinafter “Defendant B”) shall be KRW 1,688,142,366 of the construction cost incurred by the extension of the construction period of the instant steel materials at the time of Jinjin on May 8, 2013.

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