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(영문) 서울중앙지방법원 2015.10.30 2013가합550312
공사대금
Text

1. The Defendant’s KRW 2,051,406,762 to the Plaintiffs and 6% per annum from November 6, 2013 to October 30, 2015.

Reasons

1. Basic facts

A. (1) On February 28, 2013, Company A received a decision on commencing the rehabilitation procedure from the Seoul Central District Court (2013 Gohap34). On the same day, Company B filed the instant lawsuit on October 22, 2013. On April 15, 2015, the instant rehabilitation procedure was completed, Company A taken over the instant lawsuit (hereinafter “Plaintiff A”), without distinguishing the period before and after the filing of the lawsuit, barring any special circumstance.

2) On December 208, 2008, Plaintiff A and Plaintiff C, E, and D were members of the joint supply and demand organization, and the change was made to Plaintiff D around December 2008. The change was not made before and after the change in convenience, but was made to Plaintiff D.

(2) On January 5, 2005, the Defendant and the Defendant entered into a contract for construction works (hereinafter “the instant construction contract”) with respect to “F Corporation” (hereinafter “the instant construction works”) with the joint contractors (representative contractors: Plaintiff A) (the investment ratio is Plaintiff A, Plaintiff C 19%, Plaintiff E, and D 16%), and the contract for construction works (hereinafter “the instant construction contract”).

Contract amount: The contract period of 27,561,514,500 won: From January 10, 2005 to January 9, 2008 (36 months from the commencement date) the general conditions of the contract for construction works.

7. Except as otherwise provided for in this condition, the provisions of the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Rule, and the written notice of tender for construction of accounting established rules.

Article 3 (Contract Documents) (1) Contract documents shall be composed of contract documents, design documents, oil, general conditions of contract for construction, special conditions and calculation sheets of contract for construction, and shall have the effect of mutual supplementation.

Article 20 (Adjustment of Contract Price due to Modification of Design) (4) Indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses for an increase in contract price pursuant to paragraphs (1) and (2).

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