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(영문) 광주고등법원 2017.06.23 2016나1198
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On December 28, 2011, the Defendants and B Co., Ltd. (hereinafter “Defendants, etc.”) concluded a joint supply and demand agreement by setting the ratio of shares in the joint supply and demand agreement as 30% in the joint supply and demand agreement, 25% in the case of construction in the joint supply and demand agreement, 25% in the case of construction in the joint supply and demand agreement, and 20% in the case of Defendant Jinto Co., Ltd. (hereinafter “Co.”), and 20% in the case of the joint supply and demand agreement, respectively.

(hereinafter referred to as the "joint supply and demand organization of this case")

B concluded a contract on behalf of the instant joint contractor with the ordering agency for construction works on the relocation of the headquarters, company, and house of the said Corporation (hereinafter referred to as “construction works in this case”) between December 30, 201 and June 21, 2013 (finally changed from December 30, 2013 to December 30, 201), with the construction period of construction cost of KRW 16,815,422,00 (finally changed from KRW 15,817,359,000).

(finally modified contract; hereinafter referred to as “instant contract”). (c)

The Plaintiff, Defendants, etc., (i) construction period from January 15, 2013 to June 21, 2013 (from April 5, 2013 to August 30, 2014), construction cost of KRW 1,338,700,00 (this shall be changed to KRW 1,218,750,00), among the instant construction works (hereinafter referred to as “the instant interior works”), and (ii) construction period of interior works among the instant construction works (hereinafter referred to as “the instant interior works”) shall be changed to the construction period of KRW 1,218,750,00,00 for each of the instant construction works (from April 5, 2013 to October 12, 2013; Amended by Presidential Decree No. 17508, Apr. 8, 201; Presidential Decree No. 17080, Jul. 14, 200; Presidential Decree No. 17520, Jul. 1, 2008 (hereinafter referred to “the instant construction works”).

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