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(영문) 서울서부지방법원 2018.11.22 2016가합37440
공사대금
Text

1. The defendant shall pay to the plaintiff A for KRW 805,874,400, and the plaintiff B for KRW 537,249,600 and each of them.

Reasons

1. Facts of recognition;

A. On August 3, 2004, the Defendant, a quasi-governmental institution, as a corporation established for the purpose of constructing and managing D facilities under the CPublic Corporation Act, announced a public announcement of the tender for the construction project of eight sections among the “E Construction Project” (hereinafter “instant construction project”), by means of design and package deal tender.

The plaintiffs (the "stock company" in the name of the company) constituted a joint supply and demand organization with the representative of the plaintiff A and the share ratio of 6 (A):4 (B) and participated in the said bidding, and subsequently awarded the bid for the said construction.

B. On May 2, 2007, the Plaintiffs concluded a contract on May 2, 2007 with the Defendant and the instant construction cost of KRW 86.64,684,00,000, and the construction period from May 9, 2007 to May 8, 2012 (hereinafter “instant contract”).

After that, the construction cost has been increased to KRW 103.7 billion through several changes contracts, and the deadline for completion has been extended to September 30, 2016.

The above contract stipulates that the plaintiffs receive the construction cost individually according to the share ratio of the plaintiffs according to the joint supply and demand management agreement.

C. Meanwhile, in the basic plan prepared by the Defendant, G Co., Ltd. (hereinafter “G”) with a place of business located in the area adjoining the said section (hereinafter “G”) filed a civil petition on July 17, 2009, stating that the construction of D will take place by installing a bridge instead of filling earth and sand, on the ground of the spatial narrowness problem arising from the power failure and parking of large Lepers in the area adjoining the said section, among the sections of the instant construction (hereinafter “the instant section”).

On July 24, 2009, the defendant, which received the above civil petition, ordered the plaintiffs to review the status of the above civil petition and the treatment plan.

However, G thereafter is the Anti-Corruption and Civil Rights Commission, Echeon City, the Defendant, etc.

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