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(영문) 서울중앙지방법원 2016.11.16 2013가합548463
공사대금
Text

1. The defendant is the plaintiff 162,172,340 won, and the plaintiff 162,172,340 won, respectively.

Reasons

1. Basic facts

A. 1) Around September 2004, the Public Procurement Service, an affiliated organization of the Defendant, established a joint supply and demand company (hereinafter “stock company”) with the term “the construction cost of KRW 26,847,00,000 (including value-added tax) and the construction period of KRW 26,847,00,000 as to the instant construction work” (hereinafter “the instant construction work”) and the construction period of KRW 1,460 as of the starting date of the construction work. 2) The Plaintiffs (hereinafter “the Plaintiffs”) constituted a joint supply and demand company (the representative of the Plaintiff: the Plaintiff’s comprehensive construction”).

The ratio of its investment is 43% each, 43%, 14%, and 14%, respectively, of the comprehensive construction of the plaintiff Han Jin-jin.

3) The Plaintiffs are joint contractors organized as above, through the Public Procurement Service on November 15, 2004, a contract for the construction work of this case between the Defendant and the Defendant for the construction work of this case (hereinafter “instant construction contract”).

(4) The construction contract of this case was executed in 22,545,044,760 won between November 22, 2004 and November 21, 2008 by the plaintiffs, and the major contents of the general conditions (hereinafter "general conditions of this case") are as follows: (a) the construction contract of this case was executed in 22,545,04,760 won between November 21, 2008 and November 21, 2008.

1. Terms and conditions of the construction contract shall be entered;

B. The instant construction contract was modified and the completion of the instant construction project 1) as follows: (a) the instant construction contract was modified several times due to the reasons indicated in the “reasons for Extension of the Period” column in the table on the details of the instant construction contract modification; (b) the final amendment was made on December 29, 2014 by December 31, 2014; and (c) the main details of the amendment were as indicated in the table on the details of the instant construction contract modification as follows (hereinafter referred to as “each number of contracts”).

(2) [Attachment Table of the Modification of the Construction Contract in this case] The total construction amount on the date of completion of the construction period by the number of units of the following contract dates (the third construction contract date on February 20, 2006, the date of completion of the construction period for the extension of the construction period from the date of the gold commencement, the date of payment for the completion of the construction period from the date of the gold commencement).

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